Halton v. Select Portafolio Servicing Inc et al

Filing 14

Order Accepting 13 Findings, Conclusions and Recommendation re: 9 Dismiss for Failure to State a Claim, filed by Select Portafolio Servicing Inc, Mortgage Electronic Registration Systems Inc. (Ordered by Senior Judge A. Joe Fish on 3/18/2019) (ndt)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

REWA C. HALTON,

)
)
Plaintiff,
)
)
VS.
)
)
SELECT PORTFOLIO SERVICING,
)
INC., MORTGAGE ELECTRONIC
)
REGISTRATION SYSTEMS, INC., AND )
DOE INSURANCE COMPANY,
)
)
Defendants.
)

CIVIL ACTION NO.
3:18-CV-0822-G (BT)

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The court has under consideration the findings, conclusions and
recommendation of United States Magistrate Judge Rebecca Rutherford dated
March 3, 2019. No objections were filed. The district court reviewed the proposed
findings, conclusions, and recommendation for plain error. Finding none, the court
ACCEPTS the findings, conclusions, and recommendation of the United States
Magistrate Judge.
It is therefore ORDERED that defendants Select Portfolio Servicing, Inc.
(“SPS”) and Mortgage Electronic Registration Systems, Inc.’s (“MERS”) motion to
dismiss (docket entry 9) is GRANTED. Plaintiff Rewa Halton’s claims against SPS
and MERS for negligence and unjust enrichment, as well as her request for attorneys’

fees and for injunctive and declaratory relief, are DISMISSED with prejudice.
Halton’s claims against SPS and MERS for fraud, breach of contract, and quiet
title/trespass to try title are DISMISSED without prejudice. Halton’s claims against
Doe Insurance Company and the Doe defendants should be DISMISSED without
prejudice. The court GRANTS Halton leave to amend her complaint within 14 days
of the entry of an order accepting the findings, conclusions, and recommendation of
the United States Magistrate Judge. If Halton fails to file an amended complaint
that cures the deficiencies identified, the court should dismiss those claims with
prejudice.
SO ORDERED.
March 18, 2019.

___________________________________
A. JOE FISH
Senior United States District Judge

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