Kowalski et al v. Wells Fargo Bank, N.A.

Filing 28

MEMORANDUN ADOPTING REPORT AND RECOMMENDATIONS denying 21 Motion to Dismiss. Signed by Judge Ron Clark on 9/14/2012. (pad, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
ERIC KOWALSKI and
ANTOINETTE KOWALSKI,
Plaintiffs,
v.
WELLS FARGO BANK, N.A.,
Defendant.

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Case No. 4:12cv142
(Judge Clark/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 August 22, 2012, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendant Wells Fargo Bank, N.A. ’s Motion to Dismiss
Plaintiffs’ Second Amended Complaint [Doc. #21] be denied.
The Court, having made a de novo review of the objections raised by Defendant [Doc. #26],
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 Defendant Wells Fargo Bank, N.A. ’s Motion to Dismiss
Plaintiffs’ Second Amended Complaint [Doc. #21] is DENIED.

So ORDERED and SIGNED this 14 day of September, 2012.

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Ron Clark, United States District Judge