Deutsche Bank National Trust Company, as Trustee v. Watts et al

Filing 28

ORDER ADOPTING 25 REPORT AND RECOMMENDATIONS. Each party shall bear its own costs. The Clerk of Court is directed to close this case. Signed by Judge Ron Clark on 4/12/17. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR GSRPM
MORTGAGE LOAN TRUST 2007-1
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2007-1
v.
DOROTHY M. WATTS and
TED F. WATTS

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NO. 9:14-CV-153

ORDER ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE IN PART
The court assigned this case on October 31, 2014, to the Honorable Zack Hawthorn, United
States Magistrate Judge, for all pretrial matters and case management pursuant to General Order
14-10. Plaintiff Deutsche Bank National Trustee Company (“Deutsche Bank”), serving as trustee
for GSRPM Mortgage Loan Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1,
originally filed this complaint against Defendants Dorothy M. Watts and Ted F. Watts on October
30, 2014. Doc. No. 1. The Watts have not entered an appearance or filed any responsive pleadings
at any stage in this suit. Judge Hawthorn has entered a report (Doc. No. 25) to the court
recommending this case be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure for Deutsche Bank’s failure to prosecute. Shortly after Judge Hawthorn entered his
report, Deutsche Bank entered a notice of voluntary dismissal (Doc. No. 26), indicating that it “no
longer wishes to pursue its claims against Defendants,” and requesting the court dismiss its case
without prejudice.
Accordingly, Judge Hawthorn’s report and recommendation is ADOPTED in part.
Deutsche Bank’s complaint is DISMISSED without prejudice to its right to reassertion, pursuant

to Rule 41(a) of the Federal Rules of Civil Procedure. Each party shall bear its own costs. The
Clerk of Court is directed to close this case.

So ORDERED and SIGNED this 12th day of April, 2017.

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