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, )

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);

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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

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