Burns v. JPMorgan Chase Bank National Association et al, No. 3:2013cv00993 - Document 27 (N.D. Tex. 2013)
Court Description: Order Accepting re: 25 Findings and Recommendations on Motion re: 12 Motion to Dismiss/Lack of Jurisdiction, filed by Matt Lindsey, Barrett Daffin Frappier Turner & Engel LLP, Georgia Ann Bradley, Stephen C Porter, 9 Motion to Dismiss, filed by JPMorgan Chase Bank. The court denies Defendants' Motion to Dismiss Plaintiff's Complaint 9 ; BDFTE Defendants' Motion to Dismiss 12 ; and Defendant Envoy Mortgage, Ltd.'s Motion to Dismiss 15 . (Ordered by Judge Sam A Lindsay on 12/4/2013) (cea)
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Burns v. JPMorgan Chase Bank National Association et al Doc. 27 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION KEVIN BURNS, Plaintiff, v. J.P. MORGAN CHASE BANK NATIONAL ASSOCIATION, et al., Defendants. § § § § § § § § § § Civil Action No. 3:13-CV-993-L ORDER This mortgage foreclosure case was referred to Magistrate Judge Irma Carrillo Ramirez, who entered Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”) on November 14, 2013. In her Report, the magistrate judge determined that the court has subject matter jurisdiction over the action and therefore recommended that the following motions to dismiss filed by Defendants, pursuant to Federal Rule of Civil Procedure 12(b)(1), be denied: (1) Defendants’ Motion to Dismiss Plaintiff’s Complaint (Doc. 9), filed March 17, 2013; (2) BDFTE Defendants’ Motion to Dismiss (Doc. 12), filed April 11, 2013; and (3) Defendant Envoy Mortgage, Ltd.’s Motion to Dismiss (Doc. 15), filed April 16, 2013. No objections were filed to the Report. Having reviewed the pleadings, Defendants’ motions and reply brief, Plaintiff’s response, and the findings and conclusions of the magistrate judge, the court determines that the findings and conclusions of the magistrate judge are correct and accepts them as those of the court. Accordingly, the court denies Defendants’ Motion to Dismiss Plaintiff’s Complaint (Doc. 9); BDFTE Defendants’ Motion to Dismiss (Doc. 12); and Defendant Envoy Mortgage, Ltd.’s Motion to Dismiss (Doc. 15). Order –Page 1 Dockets.Justia.com It is so ordered this 4th day of December, 2013. _________________________________ Sam A. Lindsay United States District Judge Order –Page 2
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