Mba et al v. HSBC Bank USA National Association et al

Filing 54

Order Accepting 53 Findings and Recommendation of the United States Magistrate Judge. The court grants Defendants' 49 Motion for Summary Judgment and dismisses with prejudice Plaintiffs' claims against Defendants. (Ordered by Judge Sam A Lindsay on 1/12/2016) (axm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
ANTHONY MBA AND OLIVIA MBA,
Plaintiffs,
v.
HSBC BANK USA, N.A. AND
OCWEN LOAN SERVICING LLC,
Defendants.

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Civil Action No. 3:13-CV-4769-L

ORDER
Before the court is Defendants’ Motion for Summary Judgment (Doc. 49), filed July 29,
2015. On December 4, 2015, Magistrate Judge Renée Harris Toliver entered the Findings,
Conclusions and Recommendation of the United States Magistrate Judge (“Report”) recommending
that the court grant Defendants’ Motion for Summary Judgment and dismiss with prejudice this
action. No response to the motion or objections to the Report were filed.
Having reviewed the motion, evidence, pleadings, record in this case, and Report, the court
determines that the findings and conclusions of the magistrate judge are correct, and accepts them
as those of the court. The court concludes that no genuine dispute of material fact exists with respect
to Plaintiffs’ claims of breach of contract and alleged violations of the Federal Debt Collection
Practices Act and that Defendants are entitled to judgment as a matter of law. Accordingly, the court
grants Defendants’ Motion for Summary Judgment (Doc. 49) and dismisses with prejudice
Plaintiffs’ claims against Defendants. Judgment will be entered in favor of Defendants by separate
document pursuant to Rule 58 of the Federal Rules of Civil Procedure.

Order – Page 1

It is so ordered this 12th day of January, 2016.

_________________________________
Sam A. Lindsay
United States District Judge

Order – Page 2