Adams v. US Bank National Association et al

Filing 50

Order Accepting 46 Findings and Recommendations re: 34 Motion to Dismiss filed by US Bank National Association. Defendant U.S. Bank National Association's Motion to Dismiss 34 is GRANTED. Plaintiff Barbara Adams's claim against Defendant U.S. Bank National Association for violations of the Property Code is DISMISSED WITH PREJUDICE and her claims against Defendant U.S. Bank National Association for breach of contract, violations of the TDCA, and declaratory and injunctive r elief are DISMISSED WITHOUT PREJUDICE with leave to replead those claims within 21 days of the date of this order. If she fails to do so, all of her claims against Defendant U.S. Bank National Association will be dismissed with prejudice without further notice. (Ordered by Judge Jane J. Boyle on 01/03/2018) (epm)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
BARBARA A. ADAMS,
Plaintiff,
V.
U.S. BANK, N.A. and
GUILD MORTGAGE CO.,
Defendants.

§
§
§
§
§
§
§
§
§
§

No. 3:17-cv-723-B-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 of
the Findings, Conclusions, and Recommendation of the United States Magistrate Judge dated
December 4, 2017, the Court finds that the Findings, Conclusions, and Recommendation of the
Magistrate Judge are correct, and they are accepted as the Findings, Conclusions, and
Recommendation of the Court.
IT IS, THEREFORE, ORDERED that the Findings, Conclusions, and Recommendation
of the United States Magistrate Judge are accepted and Defendant U.S. Bank National Association’s
Motion to Dismiss [Dkt. No. 34] is GRANTED. Plaintiff Barbara Adams’s claim against Defendant
U.S. Bank National Association for violations of the Property Code is DISMISSED WITH
PREJUDICE and her claims against Defendant U.S. Bank National Association for breach of
contract, violations of the TDCA, and declaratory and injunctive relief are DISMISSED WITHOUT
PREJUDICE with leave to replead those claims within 21 days of the date of this order. If she fails
to do so, all of her claims against Defendant U.S. Bank National Association will be dismissed with
prejudice without further notice.

SO ORDERED this 3rd day of January, 2018.

_________________________________
JANE J. BOYLE
UNITED STATES DISTRICT JUDGE

2