Powell v. Litton Loan Servicing, L.P. (f.k.a. Fremont Investment & Loan) et al
Filing
36
OPINION AND ORDER. JPMC's motion to dismiss 4 Powell's First Amended Complaint pursuant to Federal Rules of Civil Procedure 8, 12(b)(6), and 9(b) is GRANTED with prejudice; BANAs amended motion to dismiss 14 is GRANTED withprejudice; SPS and U.S. Bank N.A.s motion for summary judgment 16 is GRANTED and all causes of action in the First Amended Complaint against SPS and U.S. Bank N.A. are DISMISSED with prejudice; and Littons motion for summary judgment 27 based on statute of limitations bars and erroneous legal theoriesis GRANTED and all causes of action in the First Amended Complaintagainst Litton.(Signed by Judge Melinda Harmon) Parties notified.(rhawkins)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
KELLI J. POWELL,
§
§
Pro Se Plaintiff,
§
§
VS.
§
§
LITTON LOAN SERVICING, L.P.,
§
(f.k.a. FREMONT INVESTMENT &
§
LOAN), JP MORGAN CHASE BANK,
§
N.A. (f.k.a. EMC MORTGAGE CORP)§
WELLS FARGO BANK, N.A., BANK OF§
AMERICA (f.k.a. LaSALLE BANK, §
N.A.), BEAR STEARNS ASSET
§
BACKED SECURITIES, I, LLC, AND §
SELECT PORTFOLIO SERVICING,
§
INC.,
§
§
Defendants.
§
Civ. A. H-14-2700
OPINION AND ORDER
Pending before the Court in the above referenced cause,
removed from state court on federal question jurisdiction, seeking
to stop a possible foreclosure on pro se Plaintiff Kelli Powell’s
(“Powell’s”) residence at 1826 Stacy Crest, Houston, Texas (“the
Property”) in addition to compensatory damages and declaratory and
injunctive relief, and alleging slander of title, “un-recorded
transfer void,” fraud, and suit to quiet title, are the following
matters:
(1) Defendant JP Morgan Chase Bank, N.A.’s (“JPMC’s”)
motion to dismiss (instrument #4) Powell’s First Amended Complaint
(#1-3, Ex. C) pursuant to Federal Rules of Civil Procedure 8,
12(b)(6), and 9(b) and United States Magistrate Judge Frances
Stacy’s memorandum and recommendation that it be granted with
prejudice (#34); (2) Defendant Bank of America, N.A.’s (“BANA’s”)
amended
motion
to
dismiss
(#14)
and
the
Magistrate
Judge’s
memorandum and recommendation that it be granted with prejudice
-1-
(#35); (3) Defendants Select Portfolio Servicing, Inc. (“SPS”) and
U.S. Bank N.A.’s1 motion for summary judgment (#16) and the
Magistrate Judge’s memorandum and recommendation that it be
granted (#32); (4) Defendant Litton Loan Servicing, L.P.’s
(“Litton’s”) motion for summary judgment (#27) and the Magistrate
Judge’s memorandum and recommendation that it be granted (#33).
No
objections
have
been
filed
to
any
of
the
memoranda
and
recommendations.
Standard of Review
Findings of the United States Magistrate Judge to which
no specific objections are made require the Court only to decide
whether each memorandum and recommendation is clearly erroneous or
contrary to law.
Id., citing U.S. v. Wilson, 864 F.2d 1219, 1221
(5th Cir. 1989).
The district court “may accept, reject, or
modify, in whole or in part, the findings or recommendations made
by the magistrate judge.”
28 U.S.C. § 636(b)(1)(C).
Court’s Decision
After carefully reviewing all motions and briefing, the
applicable
law,
and
the
Magistrate Judge’s memoranda and
recommendations, the Court finds that the Magistrate Judge has
correctly summarized the law and applied it to the facts in this
action.
Accordingly, the Court
1
Successor trustee to Bank of America, N.A., successor
in interest to LaSalle Bank N.A., as trustee, on behalf of the
registered holders of Bear Stearns Asset Backed Securities I, LLC,
Asset-Backed Certificates, Series 2004-FR3 (“U.S.
Bank”)(improperly named as Bear Stearns Asset Backed Securities I,
LLC”).
-2-
ADOPTS
the
Magistrate
Judge’s
memoranda
and
recommendation as its own and
ORDERS the following: (1) JPMC’s motion to dismiss (#4)
Powell’s First Amended Complaint pursuant to Federal Rules of
Civil Procedure 8, 12(b)(6), and 9(b) is GRANTED with prejudice;
(2)
BANA’s
prejudice;
amended
(3)
SPS
motion
and
to
U.S.
dismiss
Bank
(#14)
N.A.’s
is
motion
GRANTED
for
with
summary
judgment (#16) is GRANTED and all causes of action in the First
Amended Complaint against SPS and U.S. Bank N.A. are DISMISSED
with prejudice; and (4) Litton’s motion for summary judgment (#27)
based on statute of limitations bars and erroneous legal theories
is GRANTED and all causes of action in the First Amended Complaint
against Litton.
A final judgment will issue by separate document.
SIGNED at Houston, Texas, this
18th
day of
June ,
2015.
___________________________
MELINDA HARMON
UNITED STATES DISTRICT JUDGE
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