Flanary et al v. Mortgage Electronic Registration Systems, Inc. et al

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 7 Motion to Dismiss filed by Richard Patton, Deac Caufield, Greg Bertrand, and 8 MOTION to Remand, 17 Report and Recommendations, Denying 8 MOTION to Remand, Trustee Defendants Motion to Dismiss [Doc. #7] is granted, and Plaintiffs claims against Defendants Deac Caufield, Richard Patton, and Greg Bertrand are DISMISSED WITHOUT PREJUDICE. Richard Patton, Greg Bertrand and Deac Caufield terminated. Signed by Judge Ron Clark on 9/16/15. (cm, ) Modified on 9/16/2015 (cm, ).

**NOT FOR PRINTED PUBLICATION**
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
DONALD H. FLANARY, JR. AND GENA
L. FLANARY
Plaintiffs,
V.
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., ET AL.
Defendants.

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CASE NO. 4:15cv208
Chief Judge Clark/Judge Craven

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 referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636. On
August 28, 2015, the report of the Magistrate Judge was entered, containing proposed findings of
fact and recommendations that Trustee Defendants’ Motion to Dismiss [Doc. #7] be granted; that
Plaintiffs’ claims against Defendants Caufield, Patton, and Bertrand be dismissed without prejudice;
and that Plaintiffs’ Motion to Remand [Doc. #8] 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 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 Plaintiffs’ Motion to Remand [Doc. #8] is DENIED. It is further

ORDERED that Trustee Defendants’ Motion to Dismiss [Doc. #7] is granted, and Plaintiffs’
claims against Defendants Deac Caufield, Richard Patton, and Greg Bertrand are DISMISSED
WITHOUT PREJUDICE.
So ORDERED and SIGNED this 16 day of September, 2015.

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Ron Clark, United States District Judge

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