Gilcom Produce Distributing, LLC v. Grow Fresh Produce Company, LLC

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
GILCOM PRODUCE DISTRIBUTING, §
LLC, §
§
Plaintiff, §
§
v. § Civil Action No. 7:25-CV-00077
§
GROW FRESH PRODUCE §
COMPANY, LLC, §
§
Defendant. §
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
Pending before the Court is the January 7, 2026, Memorandum and
Recommendation (“M&R”) prepared by Magistrate Judge Nadia S. Medrano. (Dkt. No.
7). Judge Medrano made findings and conclusions and recommended that this civil
action seeking to appeal an adverse decision in a Perishable Agricultural Commodities
Act (“PACA”) reparation proceeding, (Dkt. No. 1), be dismissed due to Plaintiff’s failure
to prosecute, (Dkt. No. 7).
The Parties were provided proper notice and the opportunity to object to the M&R.
See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). No party filed an objection. As a result,
review is straightforward: plain error. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th
Cir. 2005). No plain error appears.
Accordingly, the Court accepts the M&R and adopts it as the opinion of the Court.
It is therefore ordered that:
United States District Court
Southern District of Texas
ENTERED
January 27, 2026
Nathan Ochsner, Clerk
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(1) Judge Medrano’s M&R, (Dkt. No. 7), is ACCEPTED and ADOPTED in its
entirety as the holding of the Court;
(2) Plaintiff’s Petition for Reconsideration, (Dkt. No. 1), is DENIED;
(3) This civil action is DISMISSED for failure to prosecute.
It is SO ORDERED.
Signed on January 27, 2026.
___________________________________
DREW B. TIPTON
UNITED STATES DISTRICT JUDGE
Case 7:25-cv-00077 Document 8 Filed 01/27/26 in TXSD Page 2 of 2