Lott v. Wells Fargo Bank, N.A.

Filing 26

ORDER: The court determines that the 25 findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Accordingly, the court grants Defendant's Motion to Dismiss (Doc. 13 ) but, instead of dismissing wi th prejudice Plaintiff's claims, the court will allow him to file and amended complaint to cure the deficiencies noted by the magistrate judge regarding his breach of contract and quiet title claims and request for a declaratory judgment. Any am ended complaint must be filed by 10/15/2018. Failure to file an amended complaint by this date will result in the dismissal with prejudice of Plaintiff's claims and this action pursuant to Rule 12(b)(6). (Ordered by Judge Sam A Lindsay on 9/13/2018) (sss)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
ANDREW LOTT,
Plaintiff,
v.
WELLS FARGO BANK,
Defendant.

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Civil Action No. 3:17-CV-1270-L

ORDER
On August 22, 2018, United States Magistrate Judge Rebecca Rutherford entered the
Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”) (Doc.
25), recommending that the court grant Defendant’s Motion to Dismiss (Doc. 13), pursuant to
Federal Rule of Civil Procedure 12(b)(6) but allow Plaintiff to file an amended complaint to replead
his breach of contract and quiet title claims and request for a declaratory judgment to cure the
deficiencies noted in the Report. No objections to the Report were filed within the time allowed.
After reviewing the motion, pleadings, and Report, the court determines that the findings and
conclusions of the magistrate judge are correct, and accepts them as those of the court. Accordingly,
the court grants Defendant’s Motion to Dismiss (Doc. 13) but, instead of dismissing with prejudice
Plaintiff’s claims, the court will allow him to file and amended complaint to cure the deficiencies
noted by the magistrate judge regarding his breach of contract and quiet title claims and request for
a declaratory judgment. Any amended complaint must be filed by October 15, 2018. Failure to file
an amended complaint by this date will result in the dismissal with prejudice of Plaintiff’s claims
and this action pursuant to Rule 12(b)(6).

Order – Page 1

It is so ordered this 13th day of September, 2018.

_________________________________
Sam A. Lindsay
United States District Judge

Order – Page 2