Summary
finding res judicata existed where the plaintiffs raised the same challenges in the present case as they did in the prior case regarding the defendant's ability to pursue foreclosure despite the fact that a foreclosure occurred after the prior lawsuit and before the current lawsuit
Summary of this case from Easterling v. U.S. BankOpinion
CIVIL ACTION NO. H-13-2014
05-29-2014
DAVE BELLOT AND GERMAINE BELLOT, Plaintiffs, v. WELLS FARGO BANK, N.A., AS TRUSTEE FOR PARK PLACE SECURITIES, INC. ASSET-BACKED PASS-THROUGH CERTIFICATES WHQ2-2004, OCWEN LOAN SERVICING LLC, ANGEL REYES & ASSOCIATES, P.C., AND JOHN DOES 1-1000, Defendants.
ORDER
Pending before the Court in the above referenced action to prevent foreclosure on their property at 1801 Barbara Lane, Pasadena, Texas 77502, and asserting actions for trespass to try-title, to quiet title, and violations of the Fair Debt Collection Practices Act, are Defendants' motion to dismiss (instrument #29) Plaintiffs' First Amended Verified Complaint and United States Magistrate Judge Frances Stacy's memorandum and recommendation (#35) that the Court grant the motion based on res judicata and failure to state a cognizable claim under Federal Rule of Civil Procedure 12(b)(6). Plaintiffs Dave Bellot and Germaine Bellot have not filed any objections to the memorandum and recommendation.
Standard of Review
Findings of the Magistrate Judge in a memorandum and recommendation to which no specific objections are made require the Court only to decide whether the memorandum and recommendation is clearly erroneous or contrary to law. Id., citing U.S. v. Wilson, 864 F.2d 1219, 1221 (5 Cir. 1989). The district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1)(C).
The Court, having reviewed the briefs, the Magistrate Judge's memorandum and recommendation, and the applicable law, finds the Magistrate has correctly summarized the law and applied it to the facts in this action. Accordingly, the Court
ADOPTS the Magistrate Judge's memorandum and recommendation as its own and
ORDERS that Defendants' motion to dismiss is GRANTED. Final Judgment shall issue by separate order.
SIGNED at Houston, Texas, this 29 day of May, 2014.
__________
MELINDA HARMON
UNITED STATES DISTRICT JUDGE