Flanary et al v. Mortgage Electronic Registration System, Inc. et al

Filing 61

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE - GRANTING 37 Motion for Summary Judgment, filed by Mortgage Electronic Registration System, Inc., BAC Home Loans Servicing LP, GRANTING 31 Motion to Dismiss filed by Mortgage Electronic Registration System, Inc., BAC Home Loans Servicing LP, 56 Report and Recommendations. Signed by Judge Richard A. Schell on 9/28/2014. (baf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
DONALD H. FLANARY, JR.
and GENA L. FLANARY

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Plaintiffs,
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VS.
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MORTGAGE ELECTRONIC
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REGISTRATION SYSTEMS, INC.
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and BAC HOME LOAN
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SERVICING, LP f/k/a COUNTRYWIDE §
HOME LOAN SERVICING
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Defendants.
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Case No. 4:12cv293

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 May 27, 2014, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendants’ Motion to Dismiss (Dkt. 31) and Defendants’
Motion for Summary Judgment on Plaintiffs’ Second Amended Complaint (Dkt. 37) be GRANTED,
that Plaintiffs take nothing by any of their claims against Defendants, that Defendants be awarded
their costs herein, and that this matter be closed on the court’s docket.
Having received the report of the United States Magistrate Judge and no objections thereto
having been timely filed,1 this court is of the opinion that the findings and conclusions of the
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The court notes that the deadline to file objections was extended to June 24, 2014. See
Dkt. 59. No objections were filed by the extended deadline.
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Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings and conclusions
of the court. Therefore, Defendants’ Motion to Dismiss (Dkt. 31) and Defendants’ Motion for
Summary Judgment on Plaintiffs’ Second Amended Complaint (Dkt. 37) are GRANTED, Plaintiffs
shall take nothing by any of their claims against Defendants, Defendants shall be awarded their costs
herein, and this matter shall be closed on the court’s docket.
IT IS SO ORDERED.

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SIGNED this the 28th day of September, 2014.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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