Smallwood v. Willow Way LLC et al

Filing 97

ORDER ACCEPTING 94 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE granting 78 Motion for Summary Judgment filed by Bank of America NA, granting 81 Motion for Summary Judgment filed by Willow Way LLC, denying 84 Motion for Summary Judgment filed by Eartha Y Smallwood, Ernest C Smallwood Jr. (Ordered by Senior Judge A. Joe Fish on 2/20/2019) (aaa)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

ERNEST C. SMALLWOOD, JR., ET AL., )
)
Plaintiffs,
)
)
V.
)
)
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 findings and recommendation of the United States Magistrate Judge dated
January 29, 2019, 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 hereby GRANTS Bank of America’s motion for summary judgment
(docket entry 78), GRANTS Willow Way’s motion for summary judgment (docket
entry 81), DENIES plaintiffs’ motion for summary judgment (docket entry 84), and
DISMISSES plaintiffs’ remaining statute of limitations claim against defendants Bank
of America N.A. and Willow Way, LLC with prejudice.

SO ORDERED.
February 20, 2019.

___________________________________
A. JOE FISH
Senior United States District Judge