Hinkle et al v. JPMorgan Chase Bank, NA et al

Filing 55

ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE DENYING 40 Motion for Summary Judgment, filed by Federal Home Loan Mortgage Corporation, JPMorgan Chase Bank, NA, Chase Home Finance LLC, 49 Report and Recommendations. Signed by Judge Ron Clark on 1/24/2013. (baf, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION BARRY HINKLE and JULIE HINKLE, JPMORGAN CHASE BANK, NA, CHASE HOME FINANCE, LLC, and FEDERAL HOME LOAN MORTGAGE § § § § § § § § § CORPORATION, § Plaintiffs, v. Defendants. Case No. 4:11cv 829 (Judge Clark/Judge Mazzant) § § 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 December 10, 2012, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that defendants JPMorgan Chase Bank, N.A., individually and as successor by merger to Chase Home Finance LLC and Federal Home Loan Mortgage Corporation’s Motion for Summary Judgment [Doc. #40] be denied. Defendants filed objections on December 27, 2012 [Doc. #50]. The court, having made a de novo review of defendants' objections, 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. 1 It is, therefore, ORDERED that defendants' Motion for Summary Judgment [Doc. #40] is DENIED, and this case will proceed to trial in April 2013. So ORDERED and SIGNED this 24 day of January, 2013. ___________________________________ Ron Clark, United States District Judge 2

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