U.S. Bank Trust National Association v. Kingman Holdings, LLC et al

Filing 41

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. It is ORDERED that Defendant Mark DiSanti's and Defendant Kingman Holdings, LLC's Motions to Dismiss (Dkts. # 17 , # 25 ) are hereby GRANTED IN PART and DENIED IN PART. (Motion(s) 17 , 40 , 25 terminated). Signed by Chief District Judge Amos L Mazzant on 3/11/2025. (jmb)

Case 4:23-cv-00597-ALM-BD

Document 41
609

Filed 03/11/25

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United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

U. S. BANK TRUST NATIONAL
ASSOCIATION as Trustee for RASC 2006EMX5,
Plaintiff,
v.
KINGMAN HOLDINGS, LLC individually
and as Trustee for the Love Bird 218 Land
Trust, et al.,
Defendants.

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Civil Action No. 4:23-cv-00597
Judge Mazzant/Judge Davis

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 February 13, 2025, the Magistrate Judge entered a Report and Recommendation (Dkt. #40)
that Defendant Mark DiSanti’s and Defendant Kingman Holdings, LLC’s Motions to Dismiss
(Dkts. #17, #25) be granted in part and denied in part.
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.
It is therefore ORDERED that Defendant Mark DiSanti’s and Defendant Kingman
Holdings, LLC’s Motions to Dismiss (Dkts. #17, #25) are hereby GRANTED IN PART and
DENIED IN PART.

Case 4:23-cv-00597-ALM-BD

Document 41
610

Filed 03/11/25

Page 2 of 2 PageID #:

Specifically, the following claims asserted against Mark DiSanti, Ted Blanchard, and
Kingman Holdings, LLC are DISMISSED WITHOUT PREJUDICE: (1) slander of title;
(2) violation of Texas Civil Practice and Remedies Code § 12.002; (3) common-law fraud; (4) civil
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conspiracy; (5) fraud in a real-estate transaction under Texas Business and Commerce Code
§ 27.01; and (6) sanctions. In addition, the claim against Mark DiSanti, Ted Blanchard, and
Kingman Holdings, LLC for malicious prosecution is DISMISSED WITH PREJUDICE.
IT IS SO ORDERED.
SIGNED this 11th day of March, 2025.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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