Roberson v. The Bank of New York Mellon

Filing 70

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: denying 49 MOTION for Summary Judgment, granting 43 Corrected MOTION to Correct 39 MOTION for Summary Judgment , denying 68 MOTION for Extension of Time To File Objections to Memorandum (Signed by Judge George C Hanks, Jr) Parties notified.(agould, 3)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
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Plaintiff.
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VS.
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THE BANK OF NEW YORK MELLON, §
STEVE LEVA, and
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JEFFRY B. LEWIS
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Defendants.
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June 21, 2018
David J. Bradley, Clerk

WM ROBERSON

CIVIL ACTION NO. 3:17–CV–00190

ORDER ADOPTING MAGISTRATE JUDGE’S
MEMORANDUM AND RECOMMENDATION
On April 27, 2018, this case was referred to United States Magistrate Judge
Andrew M. Edison. (Dkt. 55). On May 23, 2018, Judge Andrew M. Edison filed a
Memorandum and Recommendation (Dkt. 64) recommending that (1) Defendant
BONY’s Corrected Motion for Summary Judgment (Dkt. 43) be GRANTED; and (2)
Plaintiff’s Motion for Summary Judgment, and Supplemental Response to BONY’s
Motion for Summary Judgment Supported by Memorandun [sic] of Law and Affidavit
(Dkt. 49) be DENIED.
No objections have been filed to the Memorandum and Recommendation.
Accordingly, the Court reviews the Memorandum and Recommendation for plain error
on the face of the record. 28 U.S.C. § 636(b)(1); see also, FED. R. CIV. P. 72(b)(3).

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Based on the pleadings, the record, and the applicable law, the Court finds that
there is no plain error apparent from the face of the record. Accordingly, it is hereby
ORDERED AND ADJUDGED that:
(1)

Judge Edison’s Memorandum and Recommendation is APPROVED AND
ADOPTED in its entirety as the holding of the Court;

(2)

Defendant BONY’s Corrected Motion for Summary Judgment (Dkt. 43) is
GRANTED;

(3)

Plaintiff’s Motion for Summary Judgment, and Supplemental Response to
BONY’s Motion for Summary Judgment Supported by Memorandun [sic]
of Law and Affidavit (Dkt. 49) is DENIED;

(4)

Plaintiff’s Motion for Copy of BONY’s Motion for Summary Judgment
Exhibit-I, and Motion to Extend Time to File Objections to Memorandum
(Dkt. 68) is DENIED; and

(5)

This case is DISMISSED.

It is so ORDERED.
SIGNED at Galveston, Texas, this 21st day of June, 2018.
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George C. Hanks Jr.
United States District Judge

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