Cooper, et al v. City of Plano et al

Filing 144

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 125 Report and Recommendations, therefore, ORDERED that Defendants the Bank of New York Mellon Trust Company, Litton Loan Servicing and Michael J. McKleroy's motion to dismiss for failure to state a claim is GRANTED and The Bank of New York Mellon Trust Company, Litton Loan Servicing and Michael J. McKleroy are DISMISSED with prejudice. Signed by Judge Michael H. Schneider on 07/16/2011. (lhj, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERM AN DIVISION

JAY S. COOPER

V.
CITY OF PLANO, ET AL.

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CASE NO. 4:10-CV-689
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 June 21, 2011, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendants The Bank of New York Mellon Trust
Company, Litton Loan Servicing, L.P. , and Michael J. McKleroy’s Rule 12(b)(6) Motion to Dismiss
for Failure to State a Claim (Dkt. #50) should be granted.
The Court, having made a de novo review of the objections raised by Plaintiff, is of the
opinion that the findings and conclusions of the Magistrate Judge are correct, and the objections are
without merit. Therefore, the Court hereby adopts the findings and conclusions of the Magistrate
Judge as the findings and conclusions of this Court.
It is, therefore, ORDERED that Defendants The Bank of New York Mellon Trust Company,
Litton Loan Servicing, L.P. , and Michael J. McKleroy’s Rule 12(b)(6) Motion to Dismiss for Failure

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to State a Claim (Dkt. #50) is GRANTED and The Bank of New York Mellon Trust Company,
Litton Loan Servicing, L.P. , and Michael J. McKleroy are DISMISSED with prejudice
It is SO ORDERED.
SIGNED this 16th day of July, 2011.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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