Summary
explaining that "[p]otential foreclosure is an insufficient basis for compensatory damages"
Summary of this case from Castillo v. Beneficial Fin. I Inc.Opinion
No. 3:14-CV-3666-M
04-08-2015
BRYAN M. BALCH, Plaintiff, v. JP MORGAN CHASE BANK, NA Defendant.
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made Findings, Conclusions, and a Recommendation in this case on March 16, 2015. See Dkt. No. 12. No objections were filed. The District 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.
Defendant JPMorgan Chase Bank, N.A.'s Motion to Dismiss [Dkt. No. 4] is granted and Plaintiff's claims for breach of contract and common law fraud are dismissed with prejudice. Plaintiff's other claims are dismissed without prejudice, with leave to amend within twenty-one days. If Plaintiff does not amend, such claims will be dismissed with prejudice.
SO ORDERED this 8th day of April, 2015.
/s/ _________
BARBARA M. G. LYNN
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF TEXAS