Bessant v. Wells Fargo Bank, National Association et al

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 21 Report and Recommendations. Defendants National Default Exchange, LP and BarrettDaffin Frappier Turner & Engel, LLPs Motion to Dismiss [Doc. #13] is GRANTED and National Default Exchange, LP and Barrett Daffin Frappier Turner & Engel, LLP are DISMISSED with prejudice. Signed by Judge Ron Clark on 9/12/13. (cm, )

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

§
§
Plaintiff,
§
§
V.
§
§
WELLS FARGO BANK, NATIONAL
§
ASSOCIATION, TRUSTEE FOR THE
§
CERTIFICATEHOLDERS OF FIRST
§
FRANKLIN MORTGAGE LOAN TRUST §
2004-FF4. MORTGAGE
§
PASSTHROUGH CERTIFICATES
§
SERIES 2004-FF4, and NATIONAL
§
DEFAULT EXCHANGE, LP NKA
§
AMERICAN PROCESSING COMPANY §
LLC A DOLAN MEDIA COMPANY
§
SUBSIDARY BARRETT BURKE
§
WILSON CASTLE DAFFIN &
§
FRAPPIER, L.L.P.,
§
§
Defendants.
§

CASE NO. 4:13cv306
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 19, 2013, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendants National Default Exchange, LP and Barrett
Daffin Frappier Turner & Engel, LLP’s Motion to Dismiss [Doc. #13] 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

1

of the court.
It is, therefore, ORDERED that Defendants National Default Exchange, LP and Barrett
Daffin Frappier Turner & Engel, LLP’s Motion to Dismiss [Doc. #13] is GRANTED and National
Default Exchange, LP and Barrett Daffin Frappier Turner & Engel, LLP are DISMISSED with
prejudice.
12
So ORDERED and SIGNED on September ___, 2013.

2