FFGGP Inc v. Deutsche Bank National Trust Company

Filing 34

ORDER ACCEPTING 32 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Defendant's 16 Motion for Summary Judgment is GRANTED except it is DENIED as to the Defendant's proof that Plaintiff's lien is subor dinate to Defendant's lien, and Defendant's 31 request to supplement the record is DENIED. Plaintiff's 20 Motion for Remand and, in the alternative, for Summary Judgment, is DENIED. Defendant is given leave to file one additional Motion for Summary Judgment directed only to the subordination issue. (Ordered by Chief Judge Barbara M.G. Lynn on 9/29/2017) (sss)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
FFGGP, INC., AS TRUSTEE
Plaintiff,
v.
DEUTSCHE BANK NATIONAL
TRUST COMPANY,
Defendant.

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Civil Action No. 3:16-CV-0742-M

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
United States Magistrate Judge Renée Harris Toliver made Findings, Conclusions
and a Recommendation in this case. Objections were filed, and the Court has made a de
novo review of those portions of the proposed Findings, Conclusions and
Recommendation to which objection was made. The objections are overruled and the
Court accepts the Findings, Conclusions and Recommendation of the United States
Magistrate Judge. Defendant’s Motion for Summary Judgment is GRANTED except it is
DENIED as to the Defendant’s proof that Plaintiff’s lien is subordinate to Defendant’s
lien, and Defendant’s request to supplement the record is DENIED. Plaintiff’s Motion
for Remand and, in the alternative, for Summary Judgment, is DENIED.
Defendant is given leave to file one additional Motion for Summary Judgment
directed only to the subordination issue.
SO ORDERED this 29th day of September, 2017.