Smallwood v. Willow Way LLC et al

Filing 63

Order Accepting 60 Findings and Recommendations re: 53 Motion for Reconsideration filed by Ernest C Smallwood, Jr. The court's previous order accepting findings and recommendation of the United States Magistrate Judge (docket entry [ 46]) is hereby AMENDED to provide that defendant Bank of America, N.A.'s motion to dismiss (docket entry 8 ) and Willow Way LLC, Richard Anderson and Anderson Velas motion to dismiss (docket entry 19) are DENIED as to plaintiffs Ernest C. Small wood, Jr. and Eartha Y. Smallwood's statute of limitations claim. Plaintiffs Ernest C. Smallwood, Jr. and Eartha Y. Smallwood's statute of limitations claim is NOT DISMISSED and may proceed in this case. (Ordered by Senior Judge A. Joe Fish on 1/2/2018) (epm)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

ERNEST C. SMALLWOOD, JR., ET AL., )
)
Plaintiffs,
)
)
VS.
)
)
WILLOW WAY, LLC, ET AL.,
)
)
Defendants.
)

CIVIL ACTION NO.
3:17-CV-0242-G (BN)

ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE

After making an independent review of the pleadings, files and records in this
case, and the amended findings and recommendation of the United States Magistrate
Judge dated December 7, 2017, the court finds that the findings and
recommendation of the magistrate judge are correct and they are accepted as the
findings and recommendation of the court.
It is therefore ORDERED that the findings and recommendation of the
United States Magistrate Judge are accepted.
The court’s previous order accepting findings and recommendation of the
United States Magistrate Judge (docket entry 46) is hereby AMENDED to provide

that defendant Bank of America, N.A.’s motion to dismiss (docket entry 8) and
Willow Way LLC, Richard Anderson and Anderson Vela’s motion to dismiss (docket
entry 19) are DENIED as to plaintiffs Ernest C. Smallwood, Jr. and Eartha Y.
Smallwood’s statute of limitations claim.
Plaintiffs Ernest C. Smallwood, Jr. and Eartha Y. Smallwood’s statute of
limitations claim is NOT DISMISSED and may proceed in this case.
January 2, 2018.

___________________________________
A. JOE FISH
Senior United States District Judge

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