Payton et al v. US Bank National Association, As Trustee For The Holders Of The Sasco 2006-BC4 Trust Fund et al

Filing 34

MEMORANDUM ADOPTING REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTSRATE JUDGE for 27 Report and Recommendations, DENYING 15 Motion to Dismiss filed by US Bank National Association, As Trustee For The Holders Of The Sasco 2006-BC4 Trust Fund, Bank of America, N.A. Signed by Judge Richard A. Schell on 9/27/2013. (baf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
YOLANDA PAYTON and ROBERT
PAYTON,
Plaintiffs,

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VS.
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U.S. BANK NATIONAL ASSOCIATION
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AS TRUSTEE FOR THE HOLDERS OF THE §
SASCO-BC4 TRUST FUND, and BANK OF
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AMERICA, N.A.,
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Defendants.
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Case No. 4:12CV442-RAS-DDB

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATIONS 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 August 14, 2013, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendants U.S. Bank National Association, as Trustee
for the holders of the SASCO-BC4 trust fund (“US Bank”), and Bank of America, N.A.
(“Bank of America”)’s Motion to Dismiss Plaintiffs’ Second Amended Complaint (Dkt. #15)
be DENIED.
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 U.S. Bank National Association, as Trustee for the holders of

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the SASCO-BC4 trust fund (“US Bank”), and Bank of America, N.A. (“Bank of America")'s
Motion to Dismiss Plaintiffs’ Second Amended Complaint (Dkt. 15) is DENIED.
IT IS SO ORDERED.

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SIGNED this the 27th day of September, 2013.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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