Summary
holding plaintiff's alleged damages in loss of income for litigating the case, defendant's threatened foreclosure, and attorney's fees and costs were inadequate when no foreclosure sale occurred, and plaintiff still resided in the property
Summary of this case from Daniel v. Ocwen Loan Servicing LLCOpinion
No. 3:17-cv-723-B-BN
05-10-2018
BARBARA A. ADAMS, Plaintiff, v. U.S. BANK, N.A., ET AL., Defendant.
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 of the Findings, Conclusions, and Recommendation of the United States Magistrate Judge dated April 18, 2018, the Court finds that the Findings, Conclusions, 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. The Court GRANTS Defendant U.S. Bank National Association's Motion to Dismiss [Dkt. No. 55], and Plaintiff Barbara A. Adams's claims against Defendant U.S. Bank National Association for breach of contract, violations of the TDCA, and declaratory and injunctive relief are DISMISSED WITH PREJUDICE.
SO ORDERED this 10th day of May, 2018.
/s/ _________
JANE J. BOYLE
UNITED STATES DISTRICT JUDGE