HSBC Bank USA, N.A., as Trustee v. Wallace et al

Filing 40

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 38 Report and Recommendations of the United States Magistrate Judge. ORDERED that Plaintiffs Motion for Default Judgment as to Defendants Robert Lee Wallace, Melony Madding Barnes, Amy Rochelle Slone, James David Slone, Angela Denise Varela, Kelly Diane Wallace (a/k/a Kelly D. Gray), Christy L. Calvin, and Felicia D. Schroeder (Doc. No. 34) be GRANTED. Signed by Judge Robert W. Schroeder, III on 1/6/2017. (gsg)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
HSBC BANK USA, N.A., AS TRUSTEE,
Plaintiff,
v.
ROBERT LEE WALLACE, MELONY
MADDING BARNES, AMY ROCHELLE
SLONE, JAMES DAVID SLONE,
ANGELA DENISE VARELA, KELLY
DIANE WALLACE (AKA KELLY
DIANE GRAY), CHRISTY L. CALVIN,
FELICIA
D.
SCHROEDER,
THE
UNKNOWN HEIRS AT LAW OF
CRYSTAL R. WALLACE, DECEASED,

§
§
§
§
§
§
§
§
§
§

CIVIL ACTION NO. 6:15-CV-00473RWS- JDL

Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
The above entitled and numbered civil action was referred to United States Magistrate
Judge John D. Love pursuant to 28 U.S.C. § 636. On October 21, 2016, the Magistrate Judge
issued a Report and Recommendation (Doc. No. 38), recommending that Plaintiff HSBC Bank
USA, N.A.’s, as Trustee on Behalf of Ace Securities Corp. Home Equity Loan Trust and for the
Registered Holders of Ace Securities Corp. Home Equity Loan Trust, Series 2006-HE3, Asset
Backed Pass-Through Certificates (“HSBC Bank” or “Plaintiff”) Motion for Default Judgment
(Doc. No. 34) against Defendants Robert Lee Wallace, Melony Madding Barnes, Amy Rochelle
Slone, James David Slone, Angela Denise Varela, Kelly Diane Wallace (a/k/a Kelly D. Gray),
Christy L. Calvin, and Felicia D. Schroeder (collectively “Defendants”) be granted. (Doc. No.
38 at 6). The Magistrate Judge further ordered that the Report and Recommendation be

immediately served on Defendants. Id. On October 24, 2016 Plaintiff filed a notice of service of
the Report and Recommendation on Defendants. (Doc. No. 39). The Report and
Recommendation informed the parties of their rights to object to those findings within 14 days
and further informed the parties that a failure to timely object “shall bar that party from de novo
review by the district judge of those findings, conclusions and recommendations and, except on
grounds of plain error, from appellate review of unobjected-to factual findings and legal
conclusions accepted and adopted by the district court.” (Doc. No. 38 at 6–7 (citing Douglass v.
United States Auto. Ass’n, 79 F.3d 1415, 1430 (5th Cir. 1996))). Since the service of the Report
and Recommendation on October 24, 2016, no party has filed objections, and the prescribed time
period for doing so has passed.
Nonetheless, having reviewed the Magistrate Judge’s findings, the Court agrees with the
Magistrate Judge’s findings. The Magistrate Judge found that Defendants were properly served
by a server of process (Doc. Nos. 7–14), that Defendants have failed to timely answer or
otherwise respond, and that the Clerk of Court has made an entry of default (Doc. No. 20). (Doc.
No. 38, at 4). The Magistrate Judge also found that Plaintiff’s Complaint sufficiently pleads its
cause of action for its statutory probate lien and for non-judicial foreclosure pursuant to the terms
of the Loan Agreement and Texas Property Code § 51.002 (Doc. No. 1 at ¶¶ 1–29), and that
Plaintiff’s Complaint makes a prima facie showing of jurisdiction (Doc. No. 1 at ¶¶ 1–18).
(Doc. No. 38, at 4). Weighing the relevant considerations, the Magistrate Judge then found that
Plaintiff was entitled to default judgment. (Doc. No. 38, at 4–5). Further, the Magistrate Judge,
applying the Fifth Circuit’s “lodestar” method for calculating attorney’s fees, found that
Plaintiff’s request for fees was reasonable and that Plaintiff is entitled to $6,262.00 in attorneys’
fees. (Doc. No. 38, at 5–6). The Court finds no plain error in these determinations.

2

.

Accordingly, it is ORDERED that Plaintiff’s Motion for Default Judgment as to
Defendants Robert Lee Wallace, Melony Madding Barnes, Amy Rochelle Slone, James David
Slone, Angela Denise Varela, Kelly Diane Wallace (a/k/a Kelly D. Gray), Christy L. Calvin, and
Felicia D. Schroeder (Doc. No. 34) be GRANTED. It is further ORDERED that Plaintiff shall
immediately serve a copy of this Order on Defendants, and within 14 days of the issuance of this
Order, submit a proposed final judgment.
SIGNED this 6th day of January, 2017.

____________________________________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE

3