Mesa et al v. Wells Fargo Bank N.A.

Filing 52

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 51 Report and Recommendations. It is, therefore, ORDERED that Plaintiffs' Motion to Remand (Dkt. 16 ) is DENIED, Defendant Wells Fargo's Motion to Strike (Dkt. 29 ) is GRANTED, and Defendant Wells Fargo's Motions to Dismiss (Dkts. 9 , 34 ) each are DENIED AS MOOT. Signed by District Judge Amos L. Mazzant, III on 11/21/2017. (baf, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

MICHAEL MESA AND BELINDA MESA

v.
WELLS FARGO BANK, NA, REGAN
PROPERTIES, LLC, AND XQC
PROPERTY, LLC

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Civil Action No. 4:17-CV-532
(Judge Mazzant/Judge Nowak)

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 November 3, 2017, the report of the Magistrate Judge (Dkt. #51) was entered containing
proposed findings of fact and recommendations that Plaintiffs’ Motion to Remand (Dkt. #16) be
DENIED, Defendant Wells Fargo’s Motion to Strike (Dkt. #29) be GRANTED, and each of
Defendant Wells Fargo’s Motions to Dismiss (Dkts. # 9, #34) be DENIED AS MOOT.
Having received the report of the 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 Plaintiffs’ Motion to Remand (Dkt. #16) is DENIED,
Defendant Wells Fargo’s Motion to Strike (Dkt. #29) is GRANTED, and Defendant Wells Fargo’s
Motions to Dismiss (Dkts. # 9, #34) each are DENIED AS MOOT.
It is further ORDERED that Plaintiffs are granted leave to file an amended complaint
within fourteen (14) days of the date of this Order strictly in compliance with the Court’s
instructions, which permit only as follows: Plaintiffs are permitted to amend to state a wrongful
foreclosure action against Defendant Wells Fargo, as alleged in Plaintiff's First Amended

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Complaint. The amended complaint shall not attempt to join any new (or previously dismissed)
parties or add any new claims not authorized herein.
All relief not previously granted is DENIED.
IT IS SO ORDERED.
SIGNED this 21st day of November, 2017.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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