Rogers et al v. The Bank of New York Mellon et al

Filing 12

ORDER ACCEPTING 10 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Granting 4 Dismiss for Failure to State a Claim filed by Bank of America NA, The Bank of New York Mellon. Plaintiffs made an alternative request for leave to amend, and filed an amended complaint (Doc. 11) on 3/1/2013, which the Court will consider and to which Defendants should respond. (Ordered by Judge Barbara M.G. Lynn on 3/11/2013) (cea)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
BERTRAM ROGERS and
JESSICA ROGERS,
Plaintiffs,
v.
THE BANK OF NEW YORK
MELLON fka THE BANK OF NEW
YORK AS TRUSTEE FOR THE
CERTIFICATE HOLDERS OF CWABS,
INC. ASSET-BACKED CERTIFICATES,
SERIES 2004-2 and BANK OF
AMERICA N.A.,
Defendants.

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Civil Action No. 3:12-CV-3872-M-BK

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE

The United States Magistrate Judge made Findings, Conclusions and a Recommendation
in this case. No objections were filed. The District Court reviewed the proposed Findings,
Conclusions and Recommendation for plain error. Finding none, the Court ACCEPTS the
Findings, Conclusions and Recommendation of the United States Magistrate Judge. Defendants’
Motion to Dismiss (Doc. 4) is GRANTED as to all claims. Plaintiffs made an alternative request
for leave to amend, and filed an amended complaint (Doc. 11) on March 1, 2013, which the
Court will consider and to which Defendants should respond.
SO ORDERED this 11th day of March, 2013.

_________________________________
BARBARA M. G. LYNN
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF TEXAS