Angle v. Mortgage Electronic Registration Systems, Inc. et al

Filing 17

MEMORANDUM ADOPTING REPORT AND RECOMMENDATIONS 11 Motion to Dismiss Certain Defendants. Signed by Judge Richard A. Schell on 3/30/2012. (pad, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
PEGGY ANGLE
Plaintiff,
VS.
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., et al.
Defendants.

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Case No. 4:11cv352

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 January 26, 2012, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Certain Defendants’ Motion to Dismiss (Dkt. 11) be
GRANTED and that the claims against Defendants Bank of America, N.A., successor by merger to
BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP (“BAC”) and
Mortgage Electronic Registration Systems, Inc. (improperly sued as “Mortgage Electronic
Registration Systems, Inc. As Nominee For lender And Lender’s Successors And Assigns”)
(“MERS”) be dismissed for failure to state a claim. The report further recommended that Plaintiff’s
claims against any unserved Defendants be dismissed without prejudice pursuant to Federal Rule of
Civil Procedure 4(m), that final judgment be entered for the appearing Defendants, and that the case
be dismissed.
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

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of the court. Therefore, Certain Defendants’ Motion to Dismiss (Dkt. 11) is GRANTED and the
claims against Defendants Bank of America, N.A., successor by merger to BAC Home Loans
Servicing, LP f/k/a Countrywide Home Loans Servicing, LP (“BAC”) and Mortgage Electronic
Registration Systems, Inc. (improperly sued as “Mortgage Electronic Registration Systems, Inc. As
Nominee For lender And Lender’s Successors And Assigns”) (“MERS”) are dismissed for failure
to state a claim. Further, Plaintiff’s claims against any unserved Defendants are dismissed without
prejudice pursuant to Federal Rule of Civil Procedure 4(m) and final judgment shall be entered
dismissing the case.
IT IS SO ORDERED.
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SIGNED this the 30th day of March, 2012.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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