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

Filing 41

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 19 Motion for Summary Judgment filed by Donald H. Flanary, Jr., 36 Report and Recommendations Plaintiffs Motion for Summary Judgment (Dkt. #19) is hereby DENIED. Signed by Judge Amos L. Mazzant, III on 7/7/16. (cm, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

DONALD FLANARY, JR. and GENA L.
FLANARY
v.
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.; ET. AL.

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CASE NO. 4:15-CV-208
Judge Mazzant/Judge Craven

MEMORANDUM ORDER ADOPTING
REPORT AND RECOMMENDATION
The above-referenced case was referred to United States Magistrate Judge Caroline M.
Craven pursuant to 28 U.S.C. § 636. The Report and Recommendation of the Magistrate Judge,
which contains her proposed findings of fact and recommendations for the disposition of such
action, has been presented for consideration.
On June 6, 2016, the Magistrate Judge recommended Plaintiff’s Motion for Summary
Judgment be denied, finding summary judgment not appropriate for the reasons urged by Plaintiff
(Dkt. #36). Specifically, the Magistrate Judge found genuine issues of material fact exist regarding
whether the July 23, 2010 acceleration was abandoned, and whether the statute of limitations for
Defendants’ March 2015 foreclosure was tolled or had already expired by August 2015.
Having received the report of the United States Magistrate Judge, and no objections thereto
having been timely filed,1 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

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On June 21, 2016, the Court granted, as modified, the parties’ Agreed Motion for
Continuance of Trial Setting and Other Deadlines (Dkt. # 37). Among other things, the Court
granted the parties’ request for an extension, in which to file their objections to the June 6 Report
and Recommendation. It was ordered that any objections to the report shall be filed on or before
July 5, 2016.

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conclusions of the Court.
It is therefore ORDERED that Plaintiff’s Motion for Summary Judgment (Dkt. #19) is
hereby DENIED.
SIGNED this 7th day of July, 2016.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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