Henderson et al v. Washington Mutual Home Loans, et al

Filing 52

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 35 Motion to Dismiss, Motion for More Definite Statement,, filed by Washington Mutual Home Loans, JP Morgan Chase Bank, N.A., Long Beach Mortgage Company, Detsche Bank is GRANTED and Plaintiff's claims are dismissed with prejudice. IT IS SO ORDERED. Signed by Judge Michael H. Schneider on 08/20/2010. (lhj, )

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-ALM Henderson et al v. Washington Mutual Home Loans, et al Doc. 52 United States District Court E A S T E R N DISTRICT OF TEXAS S H E R M A N DIVISION THEODORE J. HENDERSON, SR. and ANNIE L. HENDERSON V. WAMU/WASHINGTON MUTUAL HOME LOANS, ET AL. CASE NO. 4:10-CV-164 Judge Schneider/Judge Mazzant MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C. 636. On July 26, 2010, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations with regard to JPMorgan Chase Bank, N.A.'s and Deutsche Bank's Motion to Dismiss Plaintiffs' Third and Fourth Amended Complaints for Failure to State a Claim, and in the Alternative, Motion for More Definite Statement (Dkt. #35). The Court recommended that Defendants'1 Motion to Dismiss should be granted. Having received the report of the United States Magistrate Judge, and no objections thereto having been timely filed, this Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge's report as the findings and conclusions of the Court. Defendants JPMorgan Chase Bank, N.A. ("Chase"), individually and as assignee of certain assets and lia b ilitie s of W a s h in g to n Mutual Bank from the Federal Deposit Insurance Corporation as Receiver, including c e r ta in assets and liabilities of Long Beach Mortgage Corporation, incorrectly named as "W A M U /W a s h in g to n M u tu a l Home Loans, Now Backed by JPMorgan Chase, Servicing, et al., Individually, Long Beach Mortgage," and D e u ts c h e Bank, a non-existent entity incorrectly sued as "Deutsche Bank, et al." filed the motion to dismiss. 1 Dockets.Justia.com . It is, therefore, ORDERED that JPMorgan Chase Bank, N.A.'s and Deutsche Bank's Motion to Dismiss Plaintiffs' Third and Fourth Amended Complaints for Failure to State a Claim, and in the Alternative, Motion for More Definite Statement (Dkt. #35) is GRANTED and Plaintiffs' claims are dismissed with prejudice. IT IS SO ORDERED. SIGNED this 20th day of August, 2010. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2

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