Marshall v. Freedom Mortgage Corporation, No. 3:2022cv01084 - Document 17 (N.D. Tex. 2022)
Court Description: Order Accepting 16 Findings and Recommendations re: 7 Dismiss for Failure to State a Claim filed by Freedom Mortgage Corporation. The Court GRANTS Defendant's Motion to Dismiss [Dkt. No. 7] and dismisses Plaintiff's claim for ne gligent misrepresentation with prejudice and Plaintiff's claim for breach of contract and request for injunctive relief without prejudice. Within 21 days from the date of this order, Plaintiff may file an amended complaint to replead her clai m for breach of contract and request for injunctive relief, if she can, consistent with this recommendation and the conclusions and findings of the U.S. Magistrate Judge. Failure to do so, will result in those claims will be dismissed with prejudice without further notice. (Ordered by Judge Ed Kinkeade on 10/25/2022) (ndt)
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Marshall v. Freedom Mortgage Corporation Doc. 17 Case 3:22-cv-01084-K-BN Document 17 Filed 10/25/22 Page 1 of 2 PageID 138 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION LATOSHA MARSHALL, Plaintiff, V. FREEDOM MORTGAGE CORPORATION, Defendant. § § § § § § § § § § No. 3:22-cv-1084-K-BN ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE After making an independent review of the pleadings, files and records in this case, and the Findings, Conclusions, and Recommendation of the United States Magistrate Judge dated October 3, 2022, the Court finds that the Findings and Recommendation of the Magistrate Judge are correct and they are accepted as the Findings, Conclusions, and Recommendation of the Court. IT IS, THEREFORE, ORDERED that the Findings, Conclusions, and Recommendation of the United States Magistrate Judge are accepted as the findings of the Court. The Court GRANTS Defendant’s Motion to Dismiss [Dkt. No. 7] and dismisses Plaintiff’s claim for negligent misrepresentation with prejudice and Plaintiff’s claim for breach of contract and request for injunctive relief without prejudice. Within 21 days from the date of this order, Plaintiff may file an amended complaint to replead her claim for breach of contract and request for injunctive relief, Dockets.Justia.com Case 3:22-cv-01084-K-BN Document 17 Filed 10/25/22 Page 2 of 2 PageID 139 if she can, consistent with this recommendation and the conclusions and findings of the U.S. Magistrate Judge. Failure to do so, will result in those claims will be dismissed with prejudice without further notice. SO ORDERED. Signed October 25th, 2022. _____________________________________ ED KINKEADE UNITED STATES DISTRICT JUDGE
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