Richardson et al v. Deutsche Bank National Trust Company et al

Filing 35

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 32 Report and Recommendation; granting 22 Motion to Dismiss/Lack of Jurisdiction, filed by Deutsche Bank National Trust Company, Homeward Residential. ORDERED that th e Motion to Dismiss for Lack of Jurisdiction under Rule12(b)(1) of Defendants Deutsche Bank National Trust Company, as Trustee for Argent Securities,Inc., Asset-Backed Pass-Through Certificates, Series 2006-W4 and Homeward Residential, Inc., formerly known as American Home Mortgage Servicing, Inc. [Doc. #22] is GRANTED and the case is DISMISSED without prejudice for lack of jurisdiction under Federal Rule of Civil Procedure 12(b)(1). All relief not previously granted is hereby DENIED. The Clerk is directed to CLOSE this civil action. Signed by Judge Ron Clark on 7/10/2013. (kls, )

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**NOT FOR PRINTED PUBLICATION** IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION DAVID A. RICHARDSON and FRANCES L. RICHARDSON, Plaintiffs, V. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ARGENT SECURITIES INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2006-W4, HOMEWARD RESIDENTIAL F/K/A AMERICAN HOME MORTGAGE SERVICING, INC. (“AHMSI”), ARGENT MORTGAGE COMPANY, LLC, CITI RESIDENTIAL LENDING INC., AS ATTORNEY IN FACT FOR ARGENT MORTGAGE COMPANY, LLC., BRYAN BLY, VICE PRESIDENT RESIDENTIAL LENDING INC, AMERIQUEST MORTGAGE COMPANY, NATIONWIDE TITLE CLEARING, INC (“NTC”) BOBBIE JO STOLDT, NOTARY PUBLIC, STATE OF FLORIDA, LORI L. LONG, SUBSTITUTE TRUSTEE, LIZ HACH, SUBSTITUTE TRUSTEE, Defendants. § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § CASE NO. 4:13cv171 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 May 29, 2013, the report of the Magistrate Judge was entered containing proposed 1 findings of fact and recommendations that the Motion to Dismiss for Lack of Jurisdiction under Rule 12(b)(1), and Alternatively for Failure to State a Claim Pursuant to Rule 12(b)(6) of Defendants Deutsche Bank National Trust Company, as Trustee for Argent Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2006-W4 and Homeward Residential, Inc., formerly known as American Home Mortgage Servicing, Inc. [Doc. #22] be granted. 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. It is, therefore, ORDERED that the Motion to Dismiss for Lack of Jurisdiction under Rule 12(b)(1) of Defendants Deutsche Bank National Trust Company, as Trustee for Argent Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2006-W4 and Homeward Residential, Inc., formerly known as American Home Mortgage Servicing, Inc. [Doc. #22] is GRANTED and the case is DISMISSED without prejudice for lack of jurisdiction under Federal Rule of Civil Procedure 12(b)(1). All relief not previously granted is hereby DENIED. The Clerk is directed to CLOSE this civil action. So ORDERED and SIGNED this 10 day of July, 2013. ___________________________________ Ron Clark, United States District Judge 2

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