Jones v. NewRez LLC, No. 3:2022cv00109 - Document 16 (N.D. Tex. 2022)
Court Description: ORDER: 15 Findings and Recommendations of the magistrate judge are correct and accepts them as those of the court. Accordingly, the court grants Defendants 8 Motion for Summary Judgment and dismisses with prejudice all claims asserted by Plaintiff. (Ordered by Judge Sam A. Lindsay on 10/31/2022) (svc)
Download PDF
<![CDATA[
Jones v. NewRez LLC Doc. 16 Case 3:22-cv-00109-L-BT Document 16 Filed 10/31/22 Page 1 of 2 PageID 508 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION KEVIN JONES, Plaintiff, v. NEWREZ LLC d/b/a SHELLPOINT MORTGAGE SERVICING, Defendant. § § § § § § § § § § Civil Action No. 3:22-CV-109-L-BT ORDER On October 7, 2022, the Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”) (Doc. 20) was entered, recommending that the court grant Defendant’s Motion for Summary Judgment (Doc. 8) and dismiss with prejudice all claims asserted by Plaintiff in this mortgage foreclosure action. Plaintiff’s pleadings include demands for declaratory relief, as well as claims for (1) breach of contract; (2) alleged violations of the Texas Debt Collection Act, Texas Deceptive Trade Practices Act, and Real Estate Settlement Procedures Act; (3) breach of the common law tort of unreasonable collection efforts; (4) breach of the duty of cooperation; (5) breach of fiduciary duty; and (6) intentional infliction of emotional distress. Defendant moved for summary judgment as to all of Plaintiff’s claims, but Plaintiff, who is represented by counsel, did not respond to Defendant’s summary judgment motion. The magistrate judge, therefore, determined that Plaintiff had abandoned all of his claims, and that Defendant was entitled to judgment as a matter of law, as Plaintiff had failed to raise a genuine dispute of material fact as to any of his claims. No objections to the Report were filed by Plaintiff. Having considered Defendant’s Motion for Summary Judgment (Doc. 8) and evidence, the file, record in this case, and Report, the court determines that the findings and conclusions of the Order – Page 1 Dockets.Justia.com Case 3:22-cv-00109-L-BT Document 16 Filed 10/31/22 Page 2 of 2 PageID 509 magistrate judge are correct, and accepts them as those of the court. Accordingly, the court grants Defendant’s Motion for Summary Judgment (Doc. 8) and dismisses with prejudice all claims asserted by Plaintiff. It is so ordered this 31st day of October, 2022. _________________________________ Sam A. Lindsay United States District Judge Order – Page 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
