Daniels v. Ortolani et al

Filing 13

Order Accepting 12 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Accordingly, the court grants Wells Fargo Bank, N.A.'s 5 Motion to Dismiss and dismisses with prejudice Plaintiff's claims against Wells Fargo Bank, N.A. pursuant to Federal Rule of Civil Procedure 12(b)(6). (Ordered by Judge Sam A Lindsay on 2/24/2015) (twd)

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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SHELLEY ORTOLANI, INDIVIDUALLY §
AND AS SUBSTITUTE TRUSTEE FOR
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WELLS FARGO BANK; AND
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WELLS FARGO BANK, NATIONAL
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ASSOCIATION,
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Defendants.
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TOMMY DANIELS,

Civil Action No. 3:14-CV-2665-L

ORDER
Before the court is Wells Fargo Bank, N.A.’s Motion to Dismiss (Doc. 5), filed July 31,
2014. This case was referred to Magistrate Judge Paul D. Stickney, who entered Findings,
Conclusions and Recommendation of the United States Magistrate Judge (“Report”) on February
2, 2015, recommending that the court grant Wells Fargo Bank, N.A.’s Motion to Dismiss and
dismiss with prejudice Plaintiff’s claims against Defendant Wells Fargo Bank, National Association
(“Wells Fargo Bank, N.A.”). No response to the motion or objections to the Report were filed by
Plaintiff.
Having reviewed the motion, pleadings, file, 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. Accordingly, the court grants Wells Fargo Bank, N.A.’s Motion to Dismiss
(Doc. 5) and dismisses with prejudice Plaintiff’s claims against Wells Fargo Bank, N.A. pursuant
to Federal Rule of Civil Procedure 12(b)(6).
Order –Page 1

It is so ordered this 24th day of February, 2015.

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Sam A. Lindsay
United States District Judge

Order –Page 2