Smith et al v. JPMorgan Chase Bank, N.A. et al

Filing 37

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for 31 Report and Recommendations. Signed by Judge Ron Clark on 3/20/2012. (baf, )

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
CHRISTOPHER SMITH AND
CAROLYN SMITH,

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PLAINTIFFS,
v.
JPMORGAN CHASE BANK, N.A.
AND DEUTSCHE BANK NATIONAL
TRUST COMPANY, AS TRUSTEE
FOR LONG BEACH MORTGAGE
LOAN TRUST, 2004-4,
DEFENDANTS.

CIVIL ACTION NO. 4:10-cv-533

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 December 14, 2011, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendants’ Motion for Summary Judgment (Dkt. 20)
be GRANTED in its entirety and that Plaintiffs take nothing by any of the claims raised here.
The Court, having made a de novo review of the objections raised by Plaintiffs as well as
Defendants’ response and Plaintiffs’ reply thereto (see Dkts. 32, 33 & 34), is of the opinion that the
findings and conclusions of the Magistrate Judge are correct, and the objections of Plaintiffs are
without merit as to the ultimate recommendation. Therefore, the Court hereby adopts the findings

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and conclusions of the Magistrate Judge as the findings and conclusions of this Court.
Defendants’ Motion for Summary Judgment (Dkt. 20) is GRANTED in its entirety and
Plaintiffs shall take nothing by any of the claims raised here.
IT IS SO ORDERED.
So ORDERED and SIGNED this 20 day of March, 2012.

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Ron Clark, United States District Judge

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