Slocum et al v. Sebring Capital Partners LP et al

Filing 50

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 46 Report and Recommendations. It is, therefore, ORDERED that Plaintiffs' Motion to Vacate Foreclosure (Dkt. #33) is DENIED. It is further ORDERED that t he Moving Defendants' Motion to Dismiss (Dkt. #26) is GRANTED and Plaintiffs' claims against Defendants are DISMISSED WITH PREJUDICE. All relief not previously granted is DENIED. The Clerk is directed to CLOSE this civil action. Signed by District Judge Richard A. Schell on 7/17/2018. (daj, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

ALLISON SLOCUM and GARY SLOCUM
v.
SEBRING CAPITAL PARTNERS, LP, ET
AL.

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Civil Action No. 4:18-CV-29
(Judge Schell/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 June 27, 2018, the report of the Magistrate Judge (Dkt. #46) was entered containing proposed
findings of fact and recommendation that Defendants Wells Fargo Bank, N.A., America’s
Servicing Company, a Division of Wells Fargo Bank, N.A., U.S. Bank, N.A., DLJ Mortgage
Capital, Inc., Mortgage Electronic Registration Systems, Inc., Credit Suisse First Boston Mortgage
Securities Corporation (collectively, the “Moving Defendants”) Motion to Dismiss (Dkt. #26) be
granted and that Plaintiff’s Allison Slocum and Gary Slocum (“Plaintiffs”) Motion to Vacate
Foreclosure Sale (Dkt. #33) be denied.
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 Vacate Foreclosure (Dkt. #33) is
DENIED.
It is further ORDERED that the Moving Defendants’ Motion to Dismiss (Dkt. #26) is
GRANTED and Plaintiffs’ claims against Defendants are DISMISSED WITH PREJUDICE.
All relief not previously granted is DENIED.
The Clerk is directed to CLOSE this civil action.
IT IS SO ORDERED.

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SIGNED this the 17th day of July, 2018.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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