IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

AUSTIN DIVISION 

ADMIRAL INSURANCE § 

COMPANY, § 

PLAINTIFF, § 

§ 

V. § 

§ 

K&K ROOFING AND § 

CONSTRUCTION LLC, § 

DEFENDANT. § 

21f..2I P13:08 

CASE NO. 1 :20-CV-399-LY 

ORDER ON REPORT AND RECOMMENDATION 

Before the court in the above-styled and numbered cause of action are Admiral Insurance 

Company's Motion for Summary Judgment and Alternative Motion for Partial Summary 

Judgment, filed January 6, 2021 (Dkt. 20); K&K Roofing and Construction LLC's Motion to 

Dismiss for Lack of Subject Matter Jurisdiction, filed January 28, 2021 (Dkt. 28); Admiral 

Insurance Company's Response to K&K's Motion to Dismiss, filed February 8, 2021 (Dkt. 29); 

and K&K's Reply to Admiral's Response, filed February 12, 2021 (Dkt. 31). The motions and 

responses were referred to the United States Magistrate Judge for a Report and Recommendation 

as to the merits pursuant to 28 U.S.C. § 636(b), Rule 72 of the Federal Rules of Civil Procedure, 

and Rule 1(d) of Appendix C of the Local Rules of the United States District Court for the Western 

District of Texas. 

The magistrate judge filed a Report and Recommendation on May 20, 2021 (Dkt. 32), 

recommending the court grant K&K's motion to dismiss for lack of subj ect-matter jurisdiction and 

dismiss the suit without prejudice under Federal Rule of Civil Procedure 1 2(b)( 1). The magistrate 

judge further recommends that Admiral's motion for summary judgment and alternative motion 

for partial summary judgment be dismissed. 
A party may serve and file specific written objections to the proposed findings and 

recommendations of a magistrate judge within 14 days after being served with a copy of the report 

and recommendation and thereby secure de novo review by the district court. See 28 

U.S.C. § 636(b); Fed. R. Civ. P. 72(b). A party's failure to timely file written objections to the 

proposed findings, conclusions, and recommendation in a report and recommendation bars that 

party, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed 

factual findings and legal conclusions accepted by the district court. See Douglass v. United 

ServicesAutoAss'n, 79 F.3d 1415 (5th Cir. 1996) (enbanc). 

The parties in this cause were properly notified of the consequences of a failure to file 

objections. Objections to the report and recommendation were due on June 3, 2021. As of the 

date of this order, no party has filed objections to the findings of fact and conclusions of law in the 

report and recommendation. The court, having reviewed the entire record and finding no plain 

error, accepts and adopts the report and recommendation of the magistrate judge for substantially 

the reasons stated therein. 

IT IS THEREFORE ORDERED that the Report and Recommendation of the United 

States Magistrate Judge (Dkt. 32) is ACCEPTED AND ADOPTED by the court. 

IT IS FURTHER ORDERED that K&K's Motion to Dismiss (Dkt. 28) is GRANTED. 

This suit is DISMISSED WITHOUT PREJUDICE under Federal Rule of Civil Procedure 

12(b)(1). 

IT IS FINALLY ORDERED that Admiral's Motion for Summary Judgment and 

Alternative Motion for Partial Summary Judgment (Dkt. 20) is DISMISSED. 

2 
A Final Judgment shall be filed subsequently. 

SIGNED this day of June, 2021. 

UNIT D STATES