Dubberley et al v. Chase Home Finance, LLC et al

Filing 42

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 15 Report and Recommendations, Order, 5 Motion to Dismiss, filed by Chase Home Finance, LLC. Defendants Motion to Dismiss for Failure to State a Claim, or in the Alternative, Motion for More Definite Statement is GRANTED, and all of Plaintiffs claims against Defendant Chase Home Finance LLC in this matter shall be dismissed with prejudice. Signed by Judge Michael H. Schneider on 8/11/11. (cm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

LISA DUBBERLEY, Individually,
and DARRAN BRUCE DUBBERLEY,
Individually

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Plaintiffs,
VS.
CHASE HOME FINANCE, LLC,
GREG BERTRAND, KEITH SMILEY,
and TERRY ROSS
Defendants.

Case No. 4:11cv25

MEMORANDUM ORDER 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 May 19, 2011, the Magistrate Judge entered a report recommending that Defendant’s
Motion to Dismiss for Failure to State a Claim, or in the Alternative, Motion for More Definite
Statement (Dkt. 5) be GRANTED and that all of Plaintiffs’ claims against Defendant Chase Home
Finance LLC be dismissed with prejudice.
The Court, having made a de novo review of the objections raised by Plaintiffs and the
Magistrate Judge’s order striking Plaintiffs’ amended complaint, is of the opinion that the findings
and conclusions of the Magistrate Judge are correct, and the objections are without merit as to the

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ultimate findings of the Magistrate Judge. Therefore, the Court hereby adopts the findings and
conclusions of the Magistrate Judge as the findings and conclusions of this Court.
Defendant’s Motion to Dismiss for Failure to State a Claim, or in the Alternative, Motion for
More Definite Statement (Dkt. 5) is GRANTED, and all of Plaintiffs’ claims against Defendant
Chase Home Finance LLC in this matter shall be dismissed with prejudice.
IT IS SO ORDERED.

SIGNED this 11th day of August, 2011.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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