Cao v. BSI Financial Services, Inc. et al

Filing 38

ORDER ADOPTING 37 Memorandum and Recommendations, DENYING 31 Opposed MOTION to Remand, GRANTING 34 MOTION to Strike, GRANTING 19 MOTION to Dismiss , GRANTING 35 MOTION to Strike. Attorney Cody Patrick Peterson; Kelly A Conklin and Timothy M McDaniel terminated, First American Title Insurance Company terminated.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
ANGELA CAO,
Plaintiff,
v.
BSI FINANCIAL SERVICES, INC., et al.,
Defendants.

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November 06, 2017
David J. Bradley, Clerk

CIVIL ACTION H-17-321

ORDER
Pending before the court is a memorandum and recommendation (“M&R”) in which the
Magistrate Judge recommends that the plaintiff’s motion to remand (Dkt. 31) be DENIED, defendant
First American Title Insurance Company’s (“First American”) motion to strike (Dkt. 34) be
GRANTED, defendant BSI Financial Services, Inc. (“BSI”), defendant Christiana Trust, a Division
of Wilmington Savings Fund Society, FSB, as Trustee for Stanwich Mortgage Loan Trust Series
2012-10 (“Trust”), and defendant Carrington Mortgage Services LLC’s (“CMS”) motion to strike
(Dkt. 35) be GRANTED, and First American’s motion to dismiss (Dkt. 19) be GRANTED. No
party filed objections to the M&R. After reviewing the M&R, the motions, related documents, and
the applicable law, the court is of the opinion that there is no clear error and that the M&R should
be ADOPTED. See Fed. R. Civ. P. 72, Advisory Committee Notes (“When no timely objections is
filed, the court need only satisfy itself that there is no clear error on the face of the record in order

to accept the recommendation.”). Accordingly, the M&R (Dkt. 37) is ADOPTED IN FULL. Cao’s
motion to remand (Dkt. 31) is DENIED. First American’s motion to strike and the Trust, BSI, and
CMS’s motion to strike are both GRANTED. And, First American’s motion to dismiss is
GRANTED. All of Cao’s claims against First American are DISMISSED.
Signed at Houston, Texas on November 6, 2017.

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Gray H. Miller
United States District Judge

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