Matthews v. Bank of America, N.A., et al

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE GRANTING IN PART AND DENYING IN PART 17 Motion for Judgment on the Pleadings, filed by Prosper Bank, 26 Report and Recommendations. Signed by Judge Ron Clark on 9/19/2013. (baf, )

**NOT FOR PRINTED PUBLICATION**
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
MARTHA MATTHEWS,

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Plaintiff,
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V.
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BANK OF AMERICA, N.A., as successor §
by merger to BAC HOME LOANS
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SERVICING, L.P., and FEDERAL
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NATIONAL MORTGAGE
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ASSOCIATION and PROSPER BANK,
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Defendants.
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CASE NO. 4:13cv291
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 August 23, 2013, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that defendant Prosper Bank’s Motion for Judgment on the
Pleadings [Doc. #17] be granted in part and denied in part.
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 Prosper Bank’s Motion for Judgment on the
Pleadings [Doc. #17] is GRANTED in part and Plaintiff’s claims for violations of RESPA, breach
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of contract, and negligent misrepresentation are DISMISSED as to Prosper Bank. The motion
is denied as to the claim for fraudulent inducement.
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So ORDERED and SIGNED on September ___, 2013.

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