Gregg v. U.S. Bank Trust National Association, as Trustee of Cabana Series III Trust

Filing 32

MEMORANDUM ADOPTING #29 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. Accordingly, Plaintiff Brian C. Gregg's Emergency Motion for Remand (Dkt. #9 ) is hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 1/7/2021. (daj, )

Case 4:20-cv-00873-ALM-KPJ Document 32 Filed 01/07/21 Page 1 of 2 PageID #: 902

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

BRIAN C. GREGG,
Plaintiff,
v.
RICHARD E. ANDERSON,
DAVID GARVIN, JACK BECKMAN,
MICHELLE SCHWARTZ,
KELLY GODDARD, RAY VELA,
OR CESAR DELAGARZA,
SUBSTITUTE TRUSTEES; AND
SERVIS ONE, DOING BUSINESS AS
BSI FINANCIAL SERVICES, INC.; AND
U.S. BANK TRUST NATIONAL
ASSOCIATION, TRUSTEE OF THE
CABANA SERIES III TRUST,
Defendants.

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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 December 16, 2020, the Magistrate Judge entered proposed findings of fact and
recommendations (the “Report”) (Dkt. #29) that Plaintiff Brian C. Gregg’s Emergency Motion for
Remand (the “Motion”) (Dkt. #9) be denied.
The Report was mailed to Plaintiff by certified mail on December 17, 2020, but was
returned as undeliverable (Dkt. #30). Local Rule CV-11(d) concerns changes of address:
Notices will be sent only to an e-mail and/or mailing address on file. A pro se
litigant must provide the court with a physical address (i.e., a post office box is not
acceptable) and is responsible for keeping the clerk advised in writing of his or her
current physical address.
LOCAL RULE CV-11(d).

Case 4:20-cv-00873-ALM-KPJ Document 32 Filed 01/07/21 Page 2 of 2 PageID #: 903

Having received the Report of the United States Magistrate Judge, and no timely objections
being 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.
Accordingly, Plaintiff Brian C. Gregg’s Emergency Motion for Remand (Dkt. #9) is hereby
DENIED.
IT IS SO ORDERED.
SIGNED this 7th day of January, 2021.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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