Wells v. Bank of America, N.A.

Filing 21

ORDER ACCEPTING 14 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE on Motion re: 4 Motion to Dismiss filed by Bank of America NA. Defendant's Motion to Dismiss and Brief in Support, filed 9/19/2013 (doc. 4 ), is GRANTE D in part and DENIED in part. Plaintiff's claim against Defendant for an accounting is DISMISSED with prejudice for failure to state a claim upon which relief can be granted. Remaining for trial are Plaintiff's claims for breach of contract, limitation of actions under Tex. Civ. Prac. & Rem. Code § 16.035, quiet title, declaratory judgment, and injunctive relief. (Ordered by Judge Barbara M.G. Lynn on 9/12/2014) (cea)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
GARY WELLS,
Plaintiff,
v.
BANK OF AMERICA, N.A.,
Defendant.

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Civil Action No. 3:13-CV-3658-M

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.
Defendant’s Motion to Dismiss and Brief in Support, filed September 19, 2013 (doc. 4), is
GRANTED in part and DENIED in part. Plaintiff’s claim against Defendant for an accounting
is DISMISSED with prejudice for failure to state a claim upon which relief can be granted.
Remaining for trial are Plaintiff’s claims for breach of contract, limitation of actions under Tex. Civ.
Prac. & Rem. Code § 16.035, quiet title, declaratory judgment, and injunctive relief.
SIGNED this 12th day of September, 2014.

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