Bourgeois v. New Century Mortg. Corp.

Full title: TIMOTHY L. BOURGEOIS and GWEN A. BOURGEOIS Plaintiffs. v. NEW CENTURY…

Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION

Date published: Jun 25, 2018

C.A. NO. 3:17-cv-00059 (S.D. Tex. Jun. 25, 2018)

Opinion

C.A. NO. 3:17-cv-00059

06-25-2018

TIMOTHY L. BOURGEOIS and GWEN A. BOURGEOIS Plaintiffs. v. NEW CENTURY MORTGAGE CORPORATION; DEUTSCHE BANK NATIONAL TRUST COMPANY, TRUSTEE, ON BEHALF OF THE CERTIFICATE HOLDER OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-NC3, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-NC3; and SELECT PORTFOLIO SERVICING, INC. Defendants.

George C. Hanks Jr. United States District Judge

ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION

On May 14, 2018, this case was referred to United States Magistrate Judge Andrew M. Edison. (Dkt. 18). On June 1, 2018, Judge Andrew M. Edison filed a Memorandum and Recommendation (Dkt. 24) recommending that (1) Defendants' Motion for Summary Judgment and Brief in Support (Dkt. 15) be GRANTED and that Plaintiffs' claims be DISMISSED with prejudice.

On June 15, 2018, Plaintiffs filed Objections. In accordance with 28 U.S.C. § 636(b)(1)(c), this Court is required to "make a de novo determination of those portions of the [magistrate judge's] report or specified proposed findings or recommendations to which objection [has been] made." After conducting this de novo review, the Court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id.; see also FED. R. CIV. P. 72(b)(3).

The Court has carefully considered the Objections; the Memorandum and Recommendation; the pleadings and summary judgment record; and the briefing and arguments of the parties. The Court notes that in their Objections, Plaintiffs point out that the Memorandum and Recommendation first identifies a "2006 assignment" on page 2, but later on page 10 discusses a "2016 assignment." The Court notes this typographical error in the Memorandum and Recommendation and modifies page ten to reflect the "2006 assignment." The Court ACCEPTS Judge Edison's Memorandum and Recommendation and ADOPTS it, as modified by this order, as the opinion of the Court. It is therefore ORDERED that:

(1) Plaintiffs' Objections to Magistrate Judge's Report and Recommendation Dated June 1, 2018 (Dkt. 26) are OVERRULED;

(2) Defendants' Motion for Summary Judgment and Brief in Support (Dkt. 15) is GRANTED;

This case is DISMISSED with prejudice.

SIGNED at Galveston, Texas, this 25th day of June, 2018.

/s/_________

George C. Hanks Jr.

United States District Judge