Payne v. Barrett Daffin Frappier Turner & Engel, LLP et al

Filing 61

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 46 Motion to Dismiss/Lack of Jurisdiction filed by US Department of Housing and Urban Development, 55 Motion for Preliminary Injunction filed by Dorcas A. Payne, 54 Report and Recommendations, 47 Report and Recommendations, 49 Report and Recommendations, 35 Motion to Dismiss filed by Kevin R. McCarthy, 45 Motion to Dismiss filed by First Service Residential Realty. It is, therefore, ORDERED that Defendant Kevin McCarthy's Amended Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted [Doc. #35], Defendant First Service Residential Realty's Motion to Dismiss for Failure to State a Claim Upon Which Re lief Can Be Granted [Doc. #45], and Defendant U.S. Department of Housing and Urban Developments Motion to Dismiss for Lack of Personal Jurisdiction, for Insufficient Service of Process, for Lack of Subject Matter Jurisdiction, and for Failure to Stat e a Claim [Doc. #46] are GRANTED. The court further ORDERS that all claims against Kevin McCarthy and First Service Residential Realty are DISMISSED with prejudice, and Defendant U.S. Department of Housing and Urban Development is DISMISSED without prejudice for lack of subject matter Jurisdiction. All relief not previously granted is DENIED. The Clerk is directed to CLOSE this civil action. Signed by Judge Ron Clark on 3/7/2014. (kls, )

**NOT FOR PRINTED PUBLICATION**
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
DORCAS A. PAYNE,
Plaintiff,
V.
BARRETT DAFFIN FRAPPIER
TURNER & ENGEL, LLP, JP MORGAN
CHASE BANK, NATIONAL
ASSOCIATION, MCCARTHY
HOLTHUS ACKERMAN, LLP,
GREGORY SHANNON, JAMIE DIMON,
FIRST SERVICE RESIDENTIAL
REALTY, KEELY ANNE PORTER,
SAFEGUARD PROPERTIES, U.S.
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT, THE
PROPERTY SHOP, JOE PETERSON
AND KEVIN R. MCCARTHY,
Defendants.

§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§

CASE NO. 4:13cv381
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 January 29, 2014, the report of the Magistrate Judge was entered containing
proposed findings of fact and recommendations that Defendant Kevin McCarthy’s Amended
Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted [Doc. #35],
Defendant First Service Residential Realty’s Motion to Dismiss for Failure to State a Claim
Upon Which Relief Can Be Granted [Doc. #45], and Defendant U.S. Department of Housing and
1

Urban Development’s Motion to Dismiss for Lack of Personal Jurisdiction, for Insufficient
Service of Process, for Lack of Subject Matter Jurisdiction, and for Failure to State a Claim
[Doc. #46] be granted and all claims against Kevin McCarthy and First Service Residential
Realty be dismissed with prejudice. The court further recommended that Defendant U.S.
Department of Housing and Urban Development be dismissed without prejudice for lack of
subject matter Jurisdiction.
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 Kevin McCarthy’s Amended Motion to
Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted [Doc. #35], Defendant
First Service Residential Realty’s Motion to Dismiss for Failure to State a Claim Upon Which
Relief Can Be Granted [Doc. #45], and Defendant U.S. Department of Housing and Urban
Development’s Motion to Dismiss for Lack of Personal Jurisdiction, for Insufficient Service of
Process, for Lack of Subject Matter Jurisdiction, and for Failure to State a Claim [Doc. #46]
are GRANTED.
The court further ORDERS that all claims against Kevin McCarthy and First Service
Residential Realty are DISMISSED with prejudice, and Defendant U.S. Department of Housing
and Urban Development is DISMISSED without prejudice for lack of subject matter
Jurisdiction.

2

All relief not previously granted is DENIED.
The Clerk is directed to CLOSE this civil action.

So ORDERED and SIGNED this 7 day of March, 2014.

___________________________________
Ron Clark, United States District Judge

3