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)

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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. § § § § § § § § § 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. ___________________________________ Gray H. Miller United States District Judge 2

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