Cortez et al v. Vantium Capital, Inc.

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 5 Motion to Dismiss filed by EMC Mortgage LLC, 9 Report and Recommendations. Plaintiffs claims against Defendant EMC Mortgage LLC shall be dismissed with prejudice, Plaintiffs claims against Defendant Vantium Capital, Inc. shall be dismissed without prejudice for want of prosecution, and this matter shall be closed on the courts docket. Signed by Judge Richard A. Schell on 3/28/13. (cm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
JEAN JOSEPH CORTEZ and wife,
KRISTIN CORTEZ
Plaintiffs,

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VS.
EMC MORTGAGE LLC, F/K/A
EMC MORTGAGE CORPORATION,
VANTIUM CAPITAL, INC. DBA
ACQURA LAOND SERVICES LLC,
Defendants.

Case No. 4:12CV376-RAS-DDB

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 November 8, 2012, the report of the Magistrate Judge was entered containing proposed
findings of fact and a recommendation that Defendant EMC Mortgage LLC’s Motion to Dismiss
(Dkt. 5) be GRANTED, that Plaintiffs’ claims against Defendant EMC Mortgage LLC be dismissed
with prejudice, that Plaintiffs’ claims against Defendant Vantium Capital, Inc. be dismissed without
prejudice for want of prosecution, 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, 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.

Therefore, Defendant EMC Mortgage LLC’s Motion to Dismiss (Dkt. 5) is

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GRANTED, Plaintiffs’ claims against Defendant EMC Mortgage LLC shall be dismissed with
prejudice, Plaintiffs’ claims against Defendant Vantium Capital, Inc. shall be dismissed without
prejudice for want of prosecution, 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 March, 2013.

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RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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