Wells Fargo Bank, As Trustee v. Dorvee

Filing 39

ORDER that the magistrate judge's "Report and Recommendation" 31 is ADOPTED, and the Plaintiff's "Motion to Dismiss Defendant's Counterclaims Pursuant to Federal Rule of Civil Procedure 12(B)(6)" 25 is GRANTED. The Defendant's recently filed motion requesting leave 35 and motion. Signed by District Judge Ron Clark on 11/30/17. (ljw, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION WELLS FARGO BANK, AS TRUSTEE, v. DENNIS JOHN DORVEE § § § § § CIVIL ACTION NO. 9:16-cv-80 ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE This case is assigned to the Honorable Zack Hawthorn, United States Magistrate Judge, for pre-trial management. (Doc. No. 6). On October 26, 2017, Judge Hawthorn entered a report (Doc. No. 31) recommending the court grant Plaintiff Wells Fargo Bank, As Trustee’s “Motion to Dismiss Defendant’s Counterclaims Pursuant to Federal Rule of Civil Procedure 12(B)(6).” (Doc. No. 25). Defendant Dennis John Dorvee had the option to specifically object to findings or recommendations in the report until November 13, 2017 (see Doc. No. 34), but no objection was received. Dorvee did file two motions on November 13, 2017—“Motion Requesting Leave to File Motion” (Doc. No. 35) and “Motion to Show Cause” (Doc. No. 36)—but those motions are not objections to the magistrate judge’s report and recommendation, and those two motions will be considered and decided separately from this order. It is, therefore, ORDERED that the magistrate judge’s “Report and Recommendation” (Doc. No. 31) is ADOPTED, and the Plaintiff’s “Motion to Dismiss Defendant’s Counterclaims Pursuant to Federal Rule of Civil Procedure 12(B)(6)” (Doc. No. 25) is GRANTED. The Defendant’s recently filed motion requesting leave (Doc. No. 35) and motion to show cause (Doc. No. 36) are not affected by this order. So Ordered and Signed Nov 30, 2017

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