Hunter v. First National Bank Texas

Filing 48

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 18 Motion to Dismiss/Lack of Jurisdiction filed by First National Bank Texas, 27 Report and Recommendations. Defendants Motion to Dismiss Blind Ambitions GroupsClaims Under Federal Rule of Civil Procedure 12(b)(1) for lack of standing [Doc. #18] is DENIED. Signed by Judge Ron Clark on 3/22/13. (cm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
ELENA HUNTER, on behalf of herself
and all others similarly situated;
BLIND AMBITIONS GROUPS; and
BLIND AMBITIONS GROUPS,
on behalf of its members and
all others similarly situated,
Plaintiffs,
V.
FIRST NATIONAL BANK TEXAS
d/b/a
FIRST CONVENIENCE BANK,
Defendant.

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CASE NO. 4:12cv355
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 11, 2012, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that defendant’s Motion to Dismiss Blind Ambitions Group’s
Claims Under Federal Rule of Civil Procedure 12(b)(1) for lack of standing [Doc. #18] be denied
[Doc. #27]. On December 21, 2012, defendant filed its objections to the report [Doc. #28]. On
January 4, 2013, plaintiffs filed a response [Doc. #31].
The Magistrate Judge concluded that plaintiffs’ amended complaint alleged sufficient facts
to establish standing with respect to Blind Ambitions.
Defendant objects that Blind Ambitions lacks standing to pursue the claims in this lawsuit.

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Defendant fails to point out how the Magistrate Judge erred in the report and merely recites the same
arguments considered in the original briefing. The Magistrate Judge found that this was close case
and the court agrees. However, the court finds no error in the Magistrate Judge’s approach in this
case, especially considering the lack of clarity in the case law. The court finds that the Magistrate
Judge properly considered the issue.
Having received the amended report of the United States Magistrate Judge, and considering
the objections thereto filed by defendant [Doc. #28], as well as all other relevant pleadings, 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 defendant’s Motion to Dismiss Blind Ambitions Group’s
Claims Under Federal Rule of Civil Procedure 12(b)(1) for lack of standing [Doc. #18] is DENIED.
So ORDERED and SIGNED this 22 day of March, 2013.

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Ron Clark, United States District Judge

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