Duplechaine v. HSBC Bank USA, N.A.

Filing 24

ORDER ADOPTING 22 MEMORANDUM AND RECOMMENDATIONS; GRANTING 17 MOTION to Dismiss 16 Amended Complaint/Counterclaim/Crossclaim etc. and Brief in Support. Case DISMISSED. All other pending motions are DENIED as moot.(Signed by Judge George C Hanks, Jr) Parties notified.(dwilkerson, 3)

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United States District Court Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION CYD CHARISSE DUPLECHAINE Plaintiff. VS. HSBC BANK USA, N.A. Defendant. § § § § § § § § § § May 04, 2018 David J. Bradley, Clerk CIVIL ACTION NO. 3:17–CV–00221 ORDER ADOPTING MAGISTRATE JUDGE’S MEMORANDUM AND RECOMMENDATION Pending before the Court is the Memorandum and Recommendation of United States Magistrate Judge Andrew Edison. On April 18, 2018, this case was referred to Judge Edison (Dkt. 21). Pending before Judge Edison was Defendant’s Motion to Dismiss Second Amended Complaint (Dkt. 17). On April 18, 2018, Judge Edison filed a Memorandum and Recommendation recommending that the Defendant’s Motion to Dismiss Second Amended Complaint be granted (Dkt. 22). 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). 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’s Motion to Dismiss Second Amended Complaint GRANTED; and (3) This case is DISMISSED. is All other motions are denied as moot. It is so ORDERED. SIGNED at Galveston, Texas, this 4th day of May, 2018. ___________________________________ George C. Hanks Jr. United States District Judge 2

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