Higginbotham v. Indymac Bank, FSB et al

Filing 23

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 12 Motion to Dismiss filed by Nationstar Mortgage L.L.C., Mortgage Electronic Registration Systems, Inc. (MERS), 8 Motion to Dismiss, filed by Ocwen Loan Servicing, L.L.C., Onewest Bank F.S.B., 19 Report and Recommendation. ORDERED that Defendants Ocwen and OneWest's Motion to Dismiss (Dkt. #8) and Defendants MERS and Nationstars Motion to Dismiss (Dkt. #12) are GRANTED, and Plaintiffs' claims are DISMISSED against all Defendants with prejudice. All relief not previously granted is DENIED. The Clerk is directed to CLOSE this civil action. Signed by Judge Richard A. Schell on 6/21/2017. (kls, )

Download PDF
United States District Court EASTERN DISTRICT OF TEXAS SHERMAN DIVISION JOHN HIGGINBOTHAM, v. INDYMAC BANK, F.S.B, ONEWEST BANK F.S.B., OCWEN LOAN SERVICING, L.L.C., NATIONSTAR MORTGAGE L.L.C., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS), BRETT BAUGH, OR ANY TO ACT AS SUBSTITUTE TRUSTEE(S); § § § § § § § § § § § § § Civil Action No. 4:17-CV-00229 (Judge Schell/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 June 1, 2017, the report of the Magistrate Judge (Dkt. #19) was entered containing proposed findings of fact and recommendations that Defendants Ocwen Loan Servicing, LLC (“Ocwen”) and CIT Bank, N.A. f/k/a OneWest Bank, N.A. f/k/a OneWest Bank, FSB’s (“OneWest”) Motion to Dismiss (Dkt. #8) and Defendants Mortgage Electronic Registration Systems, Inc. (“MERS”) and Nationstar Mortgage L.L.C.’s (“Nationstar”) Motion to Dismiss (Dkt. #12) be granted, and Plaintiff’s claims be dismissed against all Defendants. 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 Ocwen and OneWest’s Motion to Dismiss (Dkt. #8) and Defendants MERS and Nationstar’s Motion to Dismiss (Dkt. #12) are GRANTED, and Plaintiffs’ claims are DISMISSED against all Defendants with prejudice. All relief not previously granted is DENIED. The Clerk is directed to CLOSE this civil action. IT IS SO ORDERED. . SIGNED this the 21st day of June, 2017. _______________________________ RICHARD A. SCHELL UNITED STATES DISTRICT JUDGE 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?