Schor v. Mortgage Electronic Registration Systems Inc (MERS) et al
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 46 Report and Recommendations, 35 Motion to Dismiss, filed by U.S. Bank National Association, Select Portfolio Servicing LLC. It is, therefore, ORDERED t hat Defendants SPS and USBs Motion to Dismiss (Dkt. 35 ) is GRANTED, and Plaintiff's claims against Defendants SPS and USB are DISMISSED with prejudice. Plaintiff's claims against Defendant JPMorgan Chase Bank, N.A. remain pending at this time. Signed by Judge Amos L. Mazzant, III on 6/8/2017. (baf, )
United States District Court
EASTERN DISTRICT OF TEXAS
SELECT PORTFOLIO SERVICING, LLC,
AS ATTORNEY IN FACT AND SERVICER
IN FACT, and U.S. BANK NATIONAL
ASSOCIATION AS SUCCESSOR TRUSTEE
TO BANK OF AMERICA, NA, SUCCESSOR
IN INTEREST TO LASALLE BANK N.A.,
AS TRUSTEE ON BEHALF OF THE
HOLDERS OF THE WAMU MORTGAGE
SERIES 2007-OA3, and JPMORGAN
CHASE BANK, N.A.,
Civil Action No. 4:16-CV-00829
(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 May
11, 2017, the report of the Magistrate Judge (Dkt. #46) was entered containing proposed findings of fact
and recommendations that the Motion to Dismiss filed by Defendants Select Portfolio Servicing, LLC
(“SPS”) and U.S. Bank N.A., successor trustee to Bank of America, N.A., successor in interest to LaSalle
Bank N.A., as trustee, on behalf of the holders of the WaMu Mortgage Pass-Through Certificates, Series
2007- OA3’s (“USB”) ( (Dkt. #35) be GRANTED.
Having received the report of the United States Magistrate Judge, 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.
It is, therefore, ORDERED that Defendants SPS and USB’s Motion to Dismiss (Dkt. #35) is
GRANTED, and Plaintiff’s claims against Defendants SPS and USB are DISMISSED with prejudice.
Plaintiff’s claims against Defendant JPMorgan Chase Bank, N.A. remain pending at this time.
IT IS SO ORDERED.
SIGNED this 8th day of June, 2017.
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE
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