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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VS.
VELOCITY COMMERCIAL
CAPITAL, LLC et al.
CIVIL ACTION NO. 5:25-cv-241
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court referred Plaintiff’s Motion for Referral to ADR/Mediation to United
States Magistrate Judge Brian C. Bajew for a Report and Recommendation (see Dkt. No.
30). Judge Bajew recommended denying the motion as moot, as the scheduling order
includes an order to mediate by November 15, 2026 (Dkt. No. 37 at 1). At the close of the
initial scheduling conference, the parties orally waived their right to object to Judge
Bajew’s recommendation (Min. Ent. July 1, 2026). Therefore, the Court may immediately
act on the Report and Recommendation. See McBay v. Stone, No. 5:25-CV-00112-JRG-
JBB, 2026 WL 806861, at *1 n.1 (E.D. Tex. Jan. 13, 2026).
Pursuant to Federal Rule of Civil Procedure 72(b), the Court reviewed the Report
and Recommendation for clear error. CGI Logistics, LLC v. Fast Logistik, No. 5:23-CV-
43, 2023 WL 8313341, at *2 (S.D. Tex. Dec. 1, 2023) (Garcia Marmolejo, J.) (citing United
States v. Soto, 734 F. App’x 258, 259 (5th Cir. 2018)); see also Cao v. BSI Fin. Servs., Inc.,
858 F. App’x 156, 158 (5th Cir. 2021). Finding none, the Court hereby ADOPTS IN
WHOLE Judge Bajew’s Report and Recommendation (Dkt. No. 37).
Accordingly, Plaintiff’s Motion for Referral to Mediation/ADR (Dkt. No. 25) is
DENIED AS MOOT.
United States District Court
Southern District of Texas
ENTERED
July 02, 2026
Nathan Ochsner, Clerk
Case 5:25-cv-00241 Document 38 Filed 07/02/26 in TXSD Page 1 of 2

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It is so ORDERED.
SIGNED July 2, 2026.
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Marina Garcia Marmolejo
United States District Judge
Case 5:25-cv-00241 Document 38 Filed 07/02/26 in TXSD Page 2 of 2