Thomas et al v. Bank of New York Mellon, et al

Filing 26

ORDER ACCEPTING 21 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. Since Plaintiffs have timely filed an amended complaint as allowed by the recommendation, Defendants' Rule 12(B)(6) Motion to Dismiss Plaintiffs' Original Petition, filed 12/31/2012 (doc. 13 ), is DENIED as moot. This action will now proceed on the amended complaint. (Ordered by Judge Barbara M.G. Lynn on 8/20/2013) (ctf)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION LARRY THOMAS, et al., § § § § § § § § Plaintiffs, vs. BANK OF NEW YORK MELLON et. al, Defendants. Civil Action No. 3:12-CV-4941-M-BH ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE After reviewing the Findings, Conclusions, and Recommendation of the United States Magistrate Judge for plain error, I am of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court. Since Plaintiffs have timely filed an amended complaint as allowed by the recommendation, Defendants’ Rule 12(B)(6) Motion to Dismiss Plaintiffs’ Original Petition, filed December 31, 2012 (doc. 13), is DENIED as moot. This action will now proceed on the amended complaint. SIGNED this 20th day of August, 2013. _________________________________ BARBARA M. G. LYNN UNITED STATES DISTRICT JUDGE NORTHERN DISTRICT OF TEXAS

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