Willard et al v. Deutsche Bank National Trust Company, Trustee

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 8 Motion to Dismiss, filed by Deutsche Bank National Trust Company, Bank of America, N.A., 11 Report and Recommendations. Defendants Motion to Dismiss (Dkt. #8) is GRANTED and Plaintiffs claims are DISMISSED with prejudice. Signed by Judge Michael H. Schneider on 3/14/12. (cm, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERM AN DIVISION

JAMES EDWARD WILLARD, JR and
PATRICIA WILLARD

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V.
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DEUTSCHE BANK NATIONAL TRUST §
COMPANY, TRUSTEE, ON BEHALF
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OF THE CERTIFICATE HOLDERS OF
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MORGAN STANLEY ABS CAPITAL
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INC. TRUST 2004-NC2, MORTGAGE
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PASS THROUGH CERTIFICATE
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SERIES 2004-NC2, BANK OF
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AMERICA, N.A, AS SUCCESSOR BY
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MERGER TO BAC HOME LOANS
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SERVICING, L.P
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CASE NO. 4:11-CV-844
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 February 21, 2012, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendants’ Motion to Dismiss (Dkt. #8) be granted.
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
of the Court.
It is, therefore, ORDERED that Defendants’ Motion to Dismiss (Dkt. #8) is GRANTED and

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Plaintiffs’ claims are DISMISSED with prejudice.
It is SO ORDERED.
SIGNED this 14th day of March, 2012.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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