Buggs v. GMAC Mortgage LLC et al
Filing
34
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE GRANTING 10 Motion to Dismiss filed by Cassandra Inouye, Noel McNally, Erica Puentes, 27 Report and Recommendations, DENYING 14 Motion to Remand to State Court, filed by Marzetta Buggs. Signed by Judge Michael H. Schneider on 2/24/2012. (baf, )
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United States District Court
EASTERN DISTRICT OF TEXAS
SHERM AN DIVISION
MARZETTA BUGGS
V.
GMAC MORTGAGE, L.L.C., ET AL.
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CASE NO. 4:11CV641
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 January 19, 2012, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Plaintiff’s Motion to Remand to State District Court (Dkt.
No. 14) be denied.
The Court, having made a de novo review of Plaintiff’s objections (Dkt. No. 30), 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 Plaintiff’s Motion to Remand to State District Court (Dkt.
No. 14) is DENIED.
It is further ORDERED that, based upon the Court’s decision on the Motion to Remand, the
Substitute Trustees’ Motion to Dismiss Pursuant to Texas Property Code § 51.007 (Dkt. No. 10) is
GRANTED and Substitute Trustee Defendants Noel McNally, Cassandra Inouye, and Erika Puentes
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are DISMISSED with prejudice, as are Defendants Cathy Lee, Robert Lee, Robin Weldon, Pite
Duncan, and Daniel Gamez.
It is SO ORDERED.
SIGNED this 24th day of February, 2012.
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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE
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