Mortberg v. Deutsche Bank National Trust Company et al

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 9 Report and Recommendation, 4 Motion to Dismiss filed by Barrett Daffin Turner & Engel, LLP. It is, therefore, ORDERED that Defendant Barrett Daffin Frappier Turner & Engel, LLPs Motion to Dismiss for Failure to State a Claim [Dkt. #4] is GRANTED and Barrett Daffin Turner& Engel, LLP is DISMISSED with prejudice. Signed by Judge Ron Clark on 7/3/2013. (kls, )

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**NOT FOR PRINTED PUBLICATION** IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION BERN A. MORTBERG, § § Plaintiff, § § V. § § DEUTSCHE BANK NATIONAL TRUST § COMPANY, AS INDENTURE TRUSTEE § OF THE AAMES MORTGAGE § INVESTMENT TRUST 2005-1, § OCWEN LOAN SERVICING, LLC, and § BARRETT DAFFIN TURNER & ENGEL, § LLP, § § Defendants. § CASE NO. 4:13cv224 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 findings of fact and recommendations that Defendant Barrett Daffin Frappier Turner & Engel, LLP’s Motion to Dismiss [Doc. #4] 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 Defendant Barrett Daffin Frappier Turner & Engel, LLP’s 1 Motion to Dismiss for Failure to State a Claim [Dkt. #4] is GRANTED and Barrett Daffin Turner & Engel, LLP is DISMISSED with prejudice. So ORDERED and SIGNED this 3 day of July, 2013. ___________________________________ Ron Clark, United States District Judge 2

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