Temple v. Bank of America NA

Filing 35

ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE DENYING 30 Motion to Dismiss, filed by Bank of America NA, U.S.BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE SAIL 2005-1 TRUST FUND, 33 Report and Recommendations. Signed by Judge Ron Clark on 1/31/2013. (baf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
SHIRLEY TEMPLE,

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Plaintiff,
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V.
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U.S. BANK NATIONAL ASSOCIATION, §
AS SUCCESSOR TRUSTEE TO BANK
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OF AMERICA, N.A., AS TRUSTEE FOR §
THE CERTIFICATEHOLDERS OF THE §
SAIL 2005-1 TRUST FUND and
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BANK OF AMERICA, N.A.,
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Defendants.
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CASE NO. 4:12cv262
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 13, 2012, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendant Bank of America, N.A.’s and U.S. Bank, N.A.,
Trustee for the Certificate Holders of the SAIL 2005-1 trust fund’s Motion to Dismiss [Doc. #30]
be denied.
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.

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It is, therefore, ORDERED that Defendant Bank of America, N.A.’s and U.S. Bank, N.A.,
Trustee for the Certificate Holders of the SAIL 2005-1 trust fund’s Motion to Dismiss [Doc. #30]
is DENIED.

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So ORDERED and SIGNED on January ____, 2013.

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Ron Clark
United States District Judge

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