Brewer et al v. BANK OF AMERICA, N.A. et al

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 19 Report and Recommendations, 11 Motion to Dismiss filed by BANK OF AMERICA, N.A., U.S. Bank, National Association. Defendants Motion to Dismiss is DENIED. Signed by Judge Ron Clark on 2/20/14. (cm, )

**NOT FOR PRINTED PUBLICATION**
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
IRA W. BREWER and
EUGENIA BREWER,

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Plaintiffs,
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V.
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BANK OF AMERICA, N.A. and U.S.
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BANK, NATIONAL ASSOCIATION, AS §
TRUSTEE FOR CERTIFICATE
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HOLDERS OF THE BEAR STEARNS
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ARM TRUST MORTGAGE PASS
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THROUGH CERTIFICATES, SERIES
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2004-2, ITS SUCCESSORS AND/OR
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ASSIGNS,
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Defendants.
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CASE NO. 4:13cv638
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 27, 2014, the report of the Magistrate Judge was entered containing
proposed findings of fact and recommendations that Defendants’ Motion to Dismiss [Doc. #11]
be denied.
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.

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It is, therefore, ORDERED that Defendants’ Motion to Dismiss [Doc. #11] is DENIED.
So ORDERED and SIGNED on February ____, 2014.
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