Crabtree v. Certarus (USA) Ltd et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
JOHN CRABTREE,
Plaintiff.
V.
CERTARUS (USA) LTD., et al.,
Defendants.
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CIVIL ACTION NO. 4:25-CV-737
ORDER ADOPTING MAGISTRATE JUDGE’S
MEMORANDUM AND RECOMMENDATION
On May 29, 2025, this case was referred to United States Magistrate Judge Yvonne
Y. 	Ho 	for 	all 	pretrial 	purposes. 	(Dkt. 	41). 	Judge 	Ho 	filed 	a 	Memorandum 	and
Recommendation on September 24, 2025, recommending that Defendant Superior Plus
Corp.’s (“Superior”) motion to dismiss for lack of personal jurisdiction (Dkt. 33) be
GRANTED. (Dkt. 50). On October 3, 2025, Plaintiff filed his objections. (Dkt. 51).
Superior responded to Plaintiff’s objections on October 17, 2025. (Dkt. 52). After Plaintiff
tried multiple times to file improper reply briefs, Judge Ho denied Plaintiff’s request for
leave to file a reply brief. (Dkt. 62).
In accordance with 28 U.S.C. § 636(b)(1)(C), this Court is required to “make a de
novo determination of those portions of the [magistrate judge’s] report or specified
proposed findings or recommendations to which objection [has been] made.” After
conducting this de novo review, the Court may “accept, reject, or modify, in whole or in
part, the findings or recommendations made by the magistrate judge.” Id.; see also F ED. R.
United States District Court
Southern District of Texas
ENTERED
February 20, 2026
Nathan Ochsner, Clerk
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C IV. P. 72(b)(3). The Court has carefully considered Plaintiff’s objections; Superior’s
response to Plaintiff’s objections; the Memorandum and Recommendation; the pleadings;
and the record. The Court ACCEPTS Judge Ho’s Memorandum and Recommendation
and ADOPTS it as the opinion of the Court.
It is therefore ORDERED that:
(1) 	Judge Ho’s Memorandum and Recommendation (Dkt. 50) is APPROVED
AND ADOPTED in its entirety as the holding of the Court; and
(2) 	Plaintiff’s 	claims 	against 	Superior 	are 	DISMISSED 	WITHOUT
PREJUDICE for lack of personal jurisdiction.
It is so ORDERED.
SIGNED and ENTERED this ____ day of February 2026.
______________________________________
20th
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