McIntyre v. Chicago Title Insurance Company et al

Filing 94

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE granting 59 Motion for Summary Judgment, denying 69 Motion for Summary Judgment. The claims against Defendant New Century Mortgage are dismissed without prejudice and Plaint shall take nothing by his remaining claims here. Signed by Judge Richard A. Schell on 3/29/2012. (pad, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
T. WILLIAM MCINTYRE,

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Plaintiff,
VS.
NEW CENTURY MORTGAGE
CORPORATION, et al.
Defendants.

Case No. 4:10cv335

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 February 2, 2012, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Carrington and Deutsche Bank’s Second Motion for
Summary Judgment (Dkt 59) be GRANTED, that Plaintiff T. William McIntyre’s Motion for
Summary Judgment (Dkt. 69) be DENIED, that the claims against Defendant New Century Mortgage
be dismissed without prejudice, and that Plaintiff should take nothing by his remaining claims here.
The court, having made a de novo review of the objections raised by Plaintiff as well as
Defendant’s response, is of the opinion that the findings and conclusions of the Magistrate Judge are
correct, and the objections of Plaintiff are without merit as to the ultimate recommendations.
Therefore, the court hereby adopts the findings and conclusions of the Magistrate Judge as the

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findings and conclusions of this court.
Carrington and Deutsche Bank’s Second Motion for Summary Judgment (Dkt 59) is
GRANTED, Plaintiff T. William McIntyre’s Motion for Summary Judgment (Dkt. 69) is DENIED,
the claims against Defendant New Century Mortgage are dismissed without prejudice, and Plaintiff
shall take nothing by his remaining claims here.
IT IS SO ORDERED.
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SIGNED this the 29th day of March, 2012.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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