Longmire v. Wells Fargo Bank NA

Filing 18

ORDER ACCEPTING 17 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. Plaintiff's claims for breach of contract and negligent undertaking and request for injunctive relief are dismissed without prejudice, with leave to amend i n twenty one days to replead those claims dismissed without prejudice. If an amended pleading is not filed by that date, all of Plaintiff's claims will be dismissed with prejudice. (Ordered by Chief Judge Barbara M.G. Lynn on 9/13/2017) (aaa)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
KRISTEN LONGMIRE,
Plaintiff,
V.
WELLS FARGO BANK, N.A.,
Defendant.

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No. 3:16-CV-2367-M-BN

ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made Findings, Conclusions, and a
Recommendation in this case on August 16, 2017. See Dkt. No. 17. No objections
were filed. The District Court reviewed the proposed Findings, Conclusions, and
Recommendation for plain error. Finding none, the Court ACCEPTS the Findings,
Conclusions and Recommendation of the United States Magistrate Judge.
Defendant Wells Fargo Bank, N.A.’s Motion to Dismiss [Dkt. No. 13] is
GRANTED. Plaintiff Kristen Longmire’s claim for violation of 12 C.F.R. § 1024.38(b)
is dismissed with prejudice, and Plaintiff’s claims for breach of contract and
negligent undertaking and request for injunctive relief are dismissed without
prejudice, with leave to amend in twenty one days to replead those claims dismissed
without prejudice. If an amended pleading is not filed by that date, all of Plaintiff’s
claims will be dismissed with prejudice.

SO ORDERED this 13th day of September, 2017.

_________________________________
BARBARA M. G. LYNN
CHIEF JUDGE