Draehn et al v. Wilmington Trust National Association et al

Filing 56

Order Accepting 52 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Accordingly, the court overrules as moot Plaintiffs' 54 objection; grants Defendant Mortgage Electronic Registration Systems Inc's 27 Motion for Final Summary Judgment; and dismisses with prejudice all claims that Plaintiff asserts against it. (Ordered by Judge Sam A Lindsay on 1/17/2017) (twd)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
CAROL D. DRAEHN and LARRY R.
DRAEHN,
Plaintiffs,
v.
WILMINGTON TRUST NATIONAL
ASSOCIATION, CARRINGTON
FORCLOSURE SERVICES LLC,
SHELLPOINT MORTGAGE
SERVICING, and MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS INC.,
Defendants.

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Civil Action No. 3:16-CV-0248-L

ORDER
Before the court is Defendant Mortgage Electronic Registration Systems, Inc.’s Motion for
Final Summary Judgment (Doc. 27), filed August 2, 2016. On December 16, 2016, United States
Magistrate Judge Paul D. Stickney entered the Findings, Conclusions, and Recommendation of
the United States Magistrate Judge (“Report”), recommending that the district court grant
Defendant Mortgage Electronic Registration Systems, Inc.’s Motion for Final Summary Judgment
and dismiss all claims with prejudice.
Plaintiffs filed an objection but do not specify whether it pertains to the Report. Plaintiffs’
objection appears to relate to the initial Findings and Conclusions of the Magistrate Judge (“Initial
Report”) (Doc. 47), issued on December 7, 2016. The Initial Report recommended that the action
be dismissed without prejudice for Plaintiffs’ failure to prosecute pursuant to Federal Rule of Civil
Procedure 41(b), as Plaintiffs failed to update their address despite repeated warnings from the
Order – Page 1

court. Plaintiffs’ objection points out that the clerical error has been corrected. This objection is
moot, as the Initial Report was vacated by an order (Doc. 51) issued on December 15, 2016.
Having reviewed the motion, record in this case, applicable law, Report, and conducting a
de novo review of Plaintiffs’ objection, 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 overrules as moot Plaintiffs’ objection; grants Defendant
Mortgage Electronic Registration Systems, Inc.’s Motion for Final Summary Judgment; and
dismisses with prejudice all claims that Plaintiff asserts against it.
It is so ordered this 17th day of January, 2017.

_________________________________
Sam A. Lindsay
United States District Judge

Order – Page 2