Livingston et al v. Wells Fargo Bank, NA et al

Filing 63

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that the Defendants' Motion to Dismiss # 46 is granted. Signed by Judge Marcia A. Crone on 9/11/14. (mrp, )

UNITED STATES DISTRICT COURT
MIKE LIVINGSTON and SHARON
LIVINGSTON, individually and on behalf
of all others similarly situated
Plaintiffs,
v.
WELLS FARGO BANK, N.A., as
Trustee for Carrington Mortgage Loan
Trust, Series 1006-NC4 Asset-Backed
Pass-Through Certificates, CARRINGTON
MORTGAGE SERVICES, LLC, and
CARRINGTON FORECLOSURE
SERVICES, LLC f/k/a Atlantic & Pacific
Foreclosure Services, LLC.
Defendants.

EASTERN DISTRICT OF TEXAS
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CIVIL ACTION NO. 1:13-CV-229

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
The court referred this case to the Honorable Zack Hawthorn, United States Magistrate
Judge, for pretrial proceedings. (Doc. No. 22.) Pending before the court is the Defendants’
“Motion to Dismiss.” (Doc. No. 46.) The court has received and considered the report and
recommendation of the magistrate judge (Doc. No. 62), recommending that the court grant the
Defendants’ motion.

No objections were filed to the magistrate judge’s report and

recommendation, and the time for doing so has passed.
It is therefore ORDERED that the magistrate judge’s report and recommendation (Doc.
No. 57) is ADOPTED; and the Defendants’ “Motion to Dismiss” (Doc. No. 46) is GRANTED.

Plaintiffs Mike Livingston and Sharon Livingston’s claims are dismissed with prejudice. The
unnamed class members’ claims are dismissed without prejudice. A final judgment will be
entered separately.
.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 11th day of September, 2014.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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