Mason, Jr. et al v. Bank of America, National Association et al

Filing 48

ORDER ADOPTING REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE for 8 Motion to Dismiss, 6 Motion to Dismiss, 30 Motion to Remand. Signed by Judge Richard A. Schell on 3/27/2013. (pad, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
KENNETH E. MASON, JR. and
KIMBERLY G. MASON
Plaintiffs,
VS.
BANK OF AMERICA, NATIONAL
ASSOCIATION; MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC.; MERSCORP, INC.;
STEWART TITLE COMPANY; and
STEWART TITLE GUARANTY
COMPANY
Defendants.

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Case No. 4:12cv400

MEMORANDUM ADOPTING REPORTS AND
RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE
Came on for consideration the reports 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 February 14, 2013, the report of the Magistrate Judge was entered containing
proposed findings of fact and a recommendation that Plaintiffs’ Motion to Remand (Dkt. 30) be
DENIED (see Dkt. 38). On February 25, 2013, the report of the Magistrate Judge was entered
containing proposed findings of fact and recommendations that Bank of America, National
Association, MERSCORP., Inc., and Mortgage Electronic Registration Systems, Inc.’s Motion to
Dismiss Plaintiffs First Amended Complaint (Dkt. 6) and Defendants Stewart Title Company and
Stewart Title Guaranty Company’s Motion to Dismiss Plaintiffs’ First Amended Complaint for
Failure to State a Claim (Dkt. 8) be GRANTED and that Plaintiffs’ claims herein be dismissed with
prejudice for failure to state a claim (see Dkt. 40).

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The court has made a de novo review of the objections raised by Plaintiffs (Dkts. 43, 44, 46,
47) and is of the opinion that the findings and conclusions of the Magistrate Judge are correct and
Plaintiffs’ objections are without merit as to the ultimate findings of the Magistrate Judge. The court
hereby adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions
of this court.
Therefore, Plaintiffs’ Motion to Remand (Dkt. 30) is DENIED, Bank of America, National
Association, MERSCORP., Inc., and Mortgage Electronic Registration Systems, Inc.’s Motion to
Dismiss Plaintiffs First Amended Complaint (Dkt. 6) and Defendants Stewart Title Company and
Stewart Title Guaranty Company’s Motion to Dismiss Plaintiffs’ First Amended Complaint for
Failure to State a Claim (Dkt. 8) are GRANTED, and Plaintiffs’ claims herein are dismissed with
prejudice for failure to state a claim.
IT IS SO ORDERED.
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SIGNED this the 28th day of March, 2013.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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