Abend v. JP Morgan Chase Bank, National Association, No. 4:2013cv02110 - Document 15 (S.D. Tex. 2014)
Court Description: OPINION AND ORDER granting in part 5 Motion to Dismiss.(Signed by Judge Melinda Harmon) Parties notified.(rvazquez)
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION MICHAEL ABEND, Plaintiff, VS. JP MORGAN CHASE BANK, NATIONAL ASSOCIATION, Defendant. § § § § § § § § § CIVIL ACTION NO. 4:13-CV-2110 OPINION AND ORDER OF PARTIAL DISMISSAL Pending before the Court in the above referenced action are Defendant J.P. Morgan Chase Bank, N.A. s ( Chase s ) motion to dismiss for failure to state a claim for which relief can be granted under Federal Rule of Civil Procedure 12(b)(6) (instrument #5) and United States Magistrate Frances Stacy s Memorandum and Recommendation (duplicatively filed as instruments #10 and 11) that the motion be granted in part as to Plaintiff Michael Abend s claims for improper notice of lien transfer, breach of the duty of good faith and fair dealing, breach of contract based on Chase s refusal to accept Plaintiff s payments, negligence, and wrongful foreclosure. Plaintiff has not filed any objections. After carefully reviewing de novo the motion, the applicable law, and Judge Stacy s Memorandum and Recommendation, the Court concurs with her recommendation. Accordingly the Court ORDERS that the motion to dismiss is GRANTED in part as to Plaintiff s claims for improper notice of the lien transfer, breach of the duty of good faith and fair dealing, breach of contract based on Chase s refusal to accept Plaintiff s payments, negligence, and wrongful foreclosure. 1/2 SIGNED at Houston, Texas, this 7th day of January, 2014. ___________________________________ MELINDA HARMON UNITED STATES DISTRICT JUDGE 2/2
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