Gordon v. Bank of America Corporation et al

Filing 14

Order Accepting Findings, Conclusions, and Recommendation of the United States Magistrate Judge re: 5 Motion to Dismiss, 6 Dismiss for Failure to State a Claim filed by Greentree Servicing LLC. (Ordered by Judge Sam A Lindsay on 10/5/2015) (aaa)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
ROBERT GORDON,
Plaintiff,
v.
BANK OF AMERICA CORPORATION
AND GREEN TREE SERVICING, LLC
as Trustee of CWABS Asset-Backed
Certificates Trust 205-7,
Defendants.

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Civil Action No. 3:15-CV-902-L

ORDER
On August 5, 2015, Magistrate Judge David L. Horan entered Findings, Conclusions and
Recommendation of the United States Magistrate Judge (“Report”) recommending that the court
grant in part and deny in part Defendant Bank of America Corporation’s Motion to Dismiss Plaintiff
Robert Gordon’s Complaint (Doc. 5), filed March 30, 2015; and grant in part and deny in part
Defendant Green Tree Servicing LLC’s Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim
(Doc. 6), filed March 30, 2015. The magistrate judge also recommended that the court deny
Plaintiff’s request to replead the claims subject to dismissal. No objections were filed to the Report.
Having reviewed the motions, briefs, pleadings, and the findings and conclusions of the
magistrate judge, 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 in part and denies
in part Defendant Bank of America Corporation’s Motion to Dismiss Plaintiff Robert Gordon’s
Complaint (Doc. 5) and Defendant Green Tree Servicing LLC’s Rule 12(b)(6) Motion to Dismiss
for Failure to State a Claim (Doc. 6). Specifically, Defendants’ motions are granted with respect
Order – Page 1

to Plaintiff’s claims based on alleged violations of the Texas Deceptive Practices Act and Texas
Property Code and promissory estoppel, which the court dismisses with prejudice. Defendants’
motions are denied with respect to Plaintiff’s claims for common law fraud; negligent
misrepresentation; and (as to Bank of America only) negligent hiring, supervision, and management.*
Plaintiff’s request to replead any dismissed claims is denied because these claims fail as a matter
of law, and the court concludes that any attempt at repleading them would be futile and unnecessarily
delay the litigation.
It is so ordered this 5th day of October, 2015.

_________________________________
Sam A. Lindsay
United States District Judge

*

According to the Report, Defendant Green Tree also moved to dismiss Plaintiff’s negligent hiring and
supervision claim, although Plaintiff only asserted this claim against Bank of America. Accordingly, the court agrees
with the magistrate judge and denies as moot Green Tree’s motion to dismiss on this ground.
Order – Page 2