US Bank National Association v. Richardson et al

Filing 38

Order Accepting 32 Findings, Conclusions and Recommendation of the United States Magistrate Judge; granting 12 Motion to Dismiss and dismisses with prejudice all counterclaim(s) asserted by John H. Richardson and Linda Richardson in this actio n. Further, for the reasons set forth in the Report, John H. Richardson and Linda Richardson will not be allowed to amend their pleadings. The court also notes that John H. Richardson and Linda Richardson did not request to amend their pleadings in the event U.S. Bank, N.A.'s motion was granted. (Ordered by Judge Sam A Lindsay on 8/14/2018) (zkc)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
U.S. BANK, N.A., as Trustee for the
Registered Holders of AEGIS Asset
Backed Securities Trust Mortgage
Pass-Through Certificates, Series
2005-4,
Plaintiff,
v.
JOHN H. RICHARDSON and
LINDA RICHARDSON,
Defendants.

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§ Civil Action No. 3:17-CV- 2271-L (BT)
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ORDER

On July 30, 2018, United States Magistrate Judge Rebecca Rutherford entered the Findings,
Conclusions and Recommendation of the United States Magistrate Judge (“Report”), recommending
that the court grant Plaintiff/Counter-Defendant U.S. Bank, N.A.’s Motion to Dismiss Pursuant to
Rule of Civil Procedure 12(b)(6) (Doc. 32), filed October 17, 2017, and dismiss with prejudice the
counterclaim(s) asserted by John H. Richardson and Linda Richardson, who are proceeding pro se.
The magistrate judge further recommends that the court not allow John H. Richardson and Linda
Richardson to amend their pleadings because doing so would be futile. No objections to the Report
were filed.
Having reviewed the motion, the parties briefs, the 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 Plaintiff/Counter-Defendant U.S. Bank, N.A.’s
Motion to Dismiss Pursuant to Rule of Civil Procedure 12(b)(6) (Doc. 32) and dismisses with

Order – Page 1

prejudice all counterclaim(s) asserted by John H. Richardson and Linda Richardson in this action.
Further, for the reasons set forth in the Report, John H. Richardson and Linda Richardson will not
be allowed to amend their pleadings. The court also notes that John H. Richardson and Linda
Richardson did not request to amend their pleadings in the event U.S. Bank, N.A.’s motion was
granted.
It is so ordered this 14th day of August, 2018.

_________________________________
Sam A. Lindsay
United States District Judge

Order – Page 2