Parker v. US Bank National Association et al

Filing 38

ORDER Accepting 32 Findings, Conclusions and Recommendation of the United States Magistrate Judge, granting Defendants' 16 Motion for Summary Judgment. (Ordered by Judge Sam A Lindsay on 6/25/2014) (tln)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
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Plaintiff,
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v.
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US BANK NATIONAL ASSOCIATION,
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as Trustee and Successor-in-interest to
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Wachovia Bank N.A. (formerly known as
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First Union National Bank) and as a Trustee §
for Park Place Securities, Inc., Asset§
Backed Pass-Through Certificates Series
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2004-WWF1; and AMERICA’S
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SERVICING COMPANY,
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Defendants.
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BRIAN PARKER,

Civil Action No. 3:12-CV-4297-L

ORDER
Before the court is Defendants’ Motion for Summary Judgment (Doc. 16), filed September
6, 2013, and the Findings, Conclusions and Recommendation of the United States Magistrate Judge
(“Report”) (Doc. 32) entered by Magistrate Judge Renee Harris Toliver on January 27, 2014,
recommending that Defendant’s Motion for Summary Judgment be granted and Plaintiff’s claims
be dismissed with prejudice. In addition, the magistrate judge recommends that Defendants’ request
for attorney’s fees in the amount of $18,255.50 be granted and that Defendants’ request for
attorney’s fees in the amount of $60,000 in the event of appeal be denied. Plaintiff filed objections
to the Report, to which Defendants responded.
Having reviewed Defendants’ motion, the parties’ briefs, the record, the Report, Plaintiff’s
objections, and applicable law, the court determines that the findings and conclusions as to

Order - Page 1

Defendants’ Motion for Summary Judgment are correct, and accepts them as those of the court. The
court therefore overrules Plaintiff’s objections, grants Defendants’ Motion for Summary Judgment,
and dismisses with prejudice Plaintiff’s declaratory judgment and quiet title claims. Further, the
court grants Defendants’ request for attorney’s fees in the amount of $18,255.50, as it determines
that this amount was reasonable and necessary for the defense of the claims asserted by Plaintiff, and
denies as premature Defendants’ request for attorney’s fees on appeal. Pursuant to Rule 58 of the
Federal Rules of Civil Procedure, the court will enter a judgment by separate document.
It is so ordered this 25th day of June, 2014.

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Sam A. Lindsay
United States District Judge

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