Cervantes v. Velocity Commercial Capital, LLC et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
LAREDO DIVISION
ALESSANDRO F. CERVANTES, §
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Plaintiff,
VS. CIVIL ACTION NO. 5:25-CV-241
VELOCITY COMMERCIAL CAPITAL,
LLC, et al.,
Defendants.
REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
Before the Court is Plaintiff’s Motion for Referral to ADR. (Dkt. No. 25). On June 1,
2026, District Judge Marina Garcia Marmolejo referred the Motion to the Undersigned for a
Report and Recommendation. (Dkt. No. 29). In the Motion, Plaintiff requests the Court order
the Parties engage in either mediation or alternative dispute resolution. (Dkt. No. 25 at 4).
However, an initial scheduling conference was held before the Undersigned on July 1,
2026, to establish a Scheduling Order. (Minute Entry Dated July 1, 2026). The Scheduling
Order includes an order to mediate by November 15, 2026. (Dkt. No. 36 at 2, n.3).
Accordingly, the Undersigned RECOMMENDS that Plaintiff’s Motion for Referral to
ADR, (Dkt. No. 25), be DENIED AS MOOT.
At the close of the hearing, Plaintiff and Defendants through their respective counsel
were advised that they would have fourteen days to object to the Undersigned’s Report and
Recommendation. (Hrg. at 10:43–10:44). The Parties thereafter orally waived their right to
object to this Report and Recommendation and requested that the District Court accept the
findings and recommendations in this report. (Hrg. at 10:45). Therefore, the District Court
may act on this Report immediately.
United States District Court
Southern District of Texas
ENTERED
July 01, 2026
Nathan Ochsner, Clerk
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IT IS SO ORDERED.
SIGNED on July 1, 2026.
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Brian C. Bajew
United States Magistrate Judge
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