Abbott-Pope v. Texas Recovery Bureau Inc et al

Filing 250

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 248 Report and Recommendations. IT IS THEREFORE ORDERED that Plaintiff's claims against Defendant Texas Recovery Bureau, Inc., are DISMISSED for want of prosecution. All relief not previously granted is DENIED, and the Clerk is directed to CLOSE this civil action. Signed by Judge Amos L. Mazzant, III on 10/12/2017. (baf, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

JENNIFER K. ABBOTT-POPE,
Plaintiff,
v.
TEXAS RECOVERY BUREAU, INC.,
et al.,
Defendants.

§
§
§
§
§
§
§
§
§
§

Civil Action No. 4:14-CV-702
(Judge Mazzant/Judge Johnson)

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF 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 Magistrate Judge pursuant to 28 U.S.C.
§ 636. On September 6, 2017, the report of the Magistrate Judge (the “Report”) was entered
containing proposed findings of fact and recommendations that Plaintiff’s case against
Defendant Texas Recovery Bureau, Inc. (“Defendant” or “TRB”), the only remaining
Defendant, be dismissed for want of prosecution.1 See Dkt. 248.
On July 18, 2017, the Court entered an order (“the July 18 Order”) finding that service
on Defendant TRB was not properly executed. See Dkt. 240. The July 18 Order warned Plaintiff
that if she failed to demonstrate good cause for the failure to serve within fourteen days from
the issuance of the order, the Court would recommend the case be dismissed for failure to serve.
See id. at 3. The record indicates Plaintiff received the July 18 Order on July 21, 2017. See Dkt.

1

Defendants Santander Consumer USA, Santander Holding USA, Inc., and Santander Consumer USA
Holding, Inc., were dismissed with prejudice on August 5, 2016, and Defendants HSBC Financial Corporation,
PRA Receivables Management LLC, Portfolio Recovery Associates LLC, Beck & Masten Pontiac-GMC Inc., and
HSBC Auto Finance, Inc., were dismissed with prejudice on April 12, 2017. See Dkts. 169 and 231.

1

241. Plaintiff made no further filings, and the Court recommended that Plaintiff’s case be
dismissed for want of prosecution for failure to serve the remaining Defendant. See Dkt. 242.
The record also indicates Plaintiff received the Report on August 7, 2017. See Dkt. 244.
That same day, Plaintiff filed a tardy response to the July 18 Order. See Dkt. 243. In her
response, Plaintiff stated that the United States Marshal’s Office served the papers on Defendant
TRB, and hence, that if “they” (the United States Marshal’s Office) made a mistake in service,
it was not her fault. Id. Plaintiff also stated the Texas Secretary of State indicated Defendant
has a designated registered agent for service of process. Id.
In an order dated August 17, 2017 (the “August 17 Order”), Plaintiff was directed to file
with the Court by August 22, 2017, an address for summons to be served on Defendant. See
Dkt. 245. Plaintiff was further directed to provide the designated registered agent for service
of process for Defendant. Id. The record indicates the August 17 Order was delivered to
Plaintiff on August 21, 2017. See Dkt. 247. Plaintiff failed to file any response whatsoever.
In the Report, Plaintiff was warned that failure to comply with the August 17 Order
within fourteen (14) days from service of the Report would result in dismissal for failure to
prosecute. See Dkt. 248. The record indicates Plaintiff received a copy of the Report on
September 11, 2017. See Dkt. 249. However, no objections nor any other response has been
filed.
Having received the Report of the United States Magistrate Judge (Dkt. 248), and no
objections thereto having been timely filed, the 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.

2

IT IS THEREFORE ORDERED that Plaintiff’s claims against Defendant Texas
.

Recovery Bureau, Inc., are DISMISSED for want of prosecution.
All relief not previously granted is DENIED, and the Clerk is directed to CLOSE this
civil action.
It is SO ORDERED.
SIGNED this 12th day of October, 2017.

___________________________________
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

3