Sutherlin v. Countrywide Home Loans, Inc. et al

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE for 8 Motion to Dismiss, 12 Motion to Dismiss, 11 Motion to Dismiss. 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
EMELINDA D. SUTHERLIN,
Plaintiff,
VS.
COUNTRYWIDE HOME LOANS, INC.;
BANK OF AMERICA, NATIONAL
ASSOCIATION, F/K/A BAC HOME LOANS
SERVICING, LP F/K/A COUNTRYWIDE HOME
LOANS SERVICING, LP; THE BANK OF NEW
YORK MELLON F/K/A THE BANK OF NEW
YORK, AS TRUSTEE FOR THE
CERTIFICATEHOLDERS CWABS, INC.,
ASSETBACKEDCERTIFICATES SERIES 2007-6;
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.; MERSCORP, INC., NATIONAL
DEFAULT EXCHANGE, LP; GREG BERTRAND,
INDIVIDUALLY; AND STEPHEN C. PORTER,
INDIVIDUALLY; AND TONI LYNN STEPHENS,
INDIVIDUALLY; AND DOES 1-20,
INCLUSIVELY,
Defendants.

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Case No. 4:12CV434

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 December 6, 2012, the report of the Magistrate Judge was entered containing proposed
findings of fact and a recommendation that Defendants Countrywide Home Loans, Inc., Bank of
America, N.A., successor by merger to BAC Home Loans Servicing, L.P. f/k/a Countrywide Home
Loans Servicing, LP, The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for
the Certificateholders CWABS, Inc., Asset-Backed Certificates Series 2007-6, Mortgage Electronic
Registration Systems, Inc., and MERSCORP, Inc.’s Motion to Dismiss (Dkt. 8), National Default

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Exchange, LP, Stephen C. Porter and Toni Lynn Stephens’ Rule 12(b)(6) Motion to Dismiss (Dkt.
11), and Defendant Greg Bertrand’s Motion to Dismiss (Dkt. 12) be GRANTED in part and this case
be dismissed for want of prosecution.
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, Defendants Countrywide Home Loans, Inc., Bank of America, N.A.,
successor by merger to BAC Home Loans Servicing, L.P. f/k/a Countrywide Home Loans Servicing,
LP, The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for the
Certificateholders CWABS, Inc., Asset-Backed Certificates Series 2007-6, Mortgage Electronic
Registration Systems, Inc., and MERSCORP, Inc.’s Motion to Dismiss (Dkt. 8), National Default
Exchange, LP, Stephen C. Porter and Toni Lynn Stephens’ Rule 12(b)(6) Motion to Dismiss (Dkt.
11), and Defendant Greg Bertrand’s Motion to Dismiss (Dkt. 12) are GRANTED in part and this
case shall be dismissed for want of prosecution
IT IS SO ORDERED.
.

SIGNED this the 28th day of March, 2013.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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