Opinion
Civil Action H:20-2233
09-27-2022
CURB PLANET, INC. v. WELLS FARGO BANK, N.A., et al
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
ANDREW S. HANEN UNITED STATES DISTRICT JUDGE
Pending before the Court in the above referenced proceeding is Defendant Wells Fargo Bank's Motion to Dismiss (Doc. No. 17); Response (Doc. 18); Reply (Doc. No. 19); and Magistrate Judge Sheldon's Memorandum and Recommendation (Doc. No. 29) that the Court grant in part and deny in part Defendant's Motion. Neither party filed objections to the Memorandum and Recommendation and the time for doing so has passed.
The Court hereby ADOPTS the Memorandum and Recommendation (Doc. No. 29) that the Motion to Dismiss (Doc. No. 17) is hereby GRANTED in part and DENIED in part. Therefore, it is ORDERED that:
Defendant's motion to dismiss as to Plaintiffs common law claim for money had and received is granted;
Defendant's motion to dismiss as to unjust enrichment is denied;
Defendant's motion to dismiss as to conversion under the Texas Business and Commerce Code is denied;
Defendant's motion to dismiss as to negligence and gross negligence is granted; and,
Defendant's motion to dismiss as to breach of fiduciary duty is denied.
SIGNED.