Henry et al v. HSBC Bank USA, NA et al

Filing 58

ORDER adopting 47 Report and Recommendation and granting 40 Motion to Dismiss. Signed by Judge Ron Clark on 9/11/14. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
LARRY HENRY, SR. and
DEBRA HENRY, individually and on
behalf of all others similarly situated
v.
HSBC BANK USA, N.A., as Trustee for
Wells Fargo Home Equity Asset-Backed
Securities 2006-1 Trust, and
WELLS FARGO BANK, N.A.

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1:13-CV-354

ORDER ADOPTING REPORT AND RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
The court referred this case to the Honorable Zack Hawthorn, United States Magistrate
Judge, for pretrial proceedings. (Doc. No. 14.) Pending before the court is the Defendants’
“Motion to Dismiss.” (Doc. No. 40.) The court has received and considered the report and
recommendation of the magistrate judge (Doc. No. 57), 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. 40) is GRANTED.
Plaintiffs Larry Henry Sr. and Debra Henry’s claims are dismissed with prejudice. The unnamed
class members’ claims are dismissed without prejudice.

So ORDERED and SIGNED this 11 day of September, 2014.

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Ron Clark, United States District Judge