Pillow, Jr et al v. U S Bank National Association as Trustee

Filing 37

ORDER: The court determines that the 35 findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Accordingly, the court grants Defendant's 27 Motion to Dismiss and dismisses with prejudice, pursuant to Federal Rule of Civil Procedure 12(b)(6), all claims and requests for relief asserted and requested by Plaintiffs in this action against Defendant. (Ordered by Judge Sam A. Lindsay on 7/16/2019) (mla)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
TONY PILLOW, JR. and GILECIA
PILLOW,
Plaintiffs,
v.

US BANK NATIONAL ASSOCIATION
as Trustee for GSMPS Mortgage Loan
Trust 2006-RP1,
Defendant.

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Civil Action No. 3:17-CV-1952-L

ORDER
On June 13, 2019, the United States Magistrate Judge entered the Findings, Conclusions and
Recommendation of the United States Magistrate Judge (“Report”) (Doc. 35), recommending that
the court grant Defendant’s Motion to Dismiss (Doc. 27), filed September 14, 2018, to which
Plaintiffs did not file a response, and dismiss with prejudice, pursuant to Federal Rule of Civil
Procedure 12(b)(6), all claims and requests for relief asserted and requested by Plaintiffs against
Defendant. Plaintiffs have not requested to amend their pleadings in response to the motion to
dismiss, although they were given an opportunity to do so. Because Plaintiffs were previously
allowed to amend their pleadings, but failed to address the deficiencies previously identified, and
they did not respond to the motion to dismiss, the magistrate judge further recommends that
Plaintiffs not be allowed another opportunity to amend their pleadings, as it appears they have
pleaded their best case. No objections to the Report were filed.

Order - Page 1

Having reviewed the motion, pleadings, file, and record in this case, and the findings and
conclusions of the magistrate judge, 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. 27) and dismisses with prejudice, pursuant to Federal Rule
of Civil Procedure 12(b)(6), all claims and requests for relief asserted and requested by Plaintiffs in
this action against Defendant. Further, the court will not allow Plaintiffs another opportunity to
amend their pleadings. In addition to the reasons stated by the magistrate judge, the court also notes
that allowing Plaintiffs to further amend their pleadings would unnecessarily delay the resolution of
this litigation.
It is so ordered this 16th day of July, 2019.

_________________________________
Sam A. Lindsay
United States District Judge

Order - Page 2