Opinion
CASE NO. 3:20-CV-192-E-BK
08-11-2020
WADE P. ADAMS, PLAINTIFF AND COUNTER-DEFENDANT, v. U.S. BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR THE RMAC TRUST, SERIES 2016-CTT, DEFENDANT AND COUNTER-PLAINTIFF, v. JANE A. ADAMS, THIRD PARTY DEFENDANT.
ORDER ACCEPTING FINDINGS , CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
United States Magistrate Judge Renée Harris Toliver made findings, conclusions and a recommendation in this case. No objections were filed. The Court reviewed the proposed findings, conclusions and recommendation for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions and Recommendation of the United States Magistrate Judge. The Motion to Dismiss (Doc. No. 6) filed by Plaintiff/Counter-Defendant Wade P. Adams and Third Party Defendant Jane A. Adams is GRANTED IN PART and DENIED IN PART. The motion is DENIED with respect to Defendant's judicial foreclosure counterclaim. The motion is GRANTED with respect to Defendant's breach of contract and fraud counterclaims. Defendant's breach of contract and fraud counterclaims are DISMISSED WITHOUT PREJUDICE to Defendant filing an amended pleading curing the deficiencies noted in the Findings, Conclusions and Recommendation of the United States Magistrate Judge.
SO ORDERED this 11th day of August, 2020.
/s/_________
Ada Brown
UNITED STATES DISTRICT JUDGE