Spence, et al v. BAC Home Loan Servicing, LP a/k/a Bank of America Corporation Home Loan Servicing, LP et al

Filing 41

ORDER ADOPTING 40 Memorandum and Recommendations, DENYING 30 MOTION for Judgment, GRANTING 37 MOTION to Dismiss 1 Notice of Removal.(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
ANTHONY SPENCE , et al.,
Plaintiffs,
v.
BAC HOME LOAN SERVICING , L.P., et al.,
Defendants.

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CIVIL ACTION H-11-1476

O RDER
Pending before the court is the Magistrate Judge’s Memorandum and Recommendation
(“M&R”) (Dkt. 40) regarding defendants’ motion for judgment on the pleadings (Dkt. 30) and
plaintiffs’ motion for dismissal without prejudice (Dkt. 37). No objections have been filed. After
considering the motions, related documents in the record, the M&R, and applicable law, the court
is of the opinion that the M&R should be ADOPTED in its entirety.
In accordance with the Magistrate Judge’s recommendation, defendants’ motion for judgment
on the pleadings (Dkt. 30) is DENIED and plaintiffs’ motion for dismissal without prejudice (Dkt.
37) is GRANTED. A separate order of dismissal with be entered herewith.
Signed at Houston, Texas on July 1, 2014.

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Gray H. Miller
United States District Judge