Opinion
Civil Action H: 20-2233
11-01-2023
CURB PLANET, INC. v. WELLS FARGO BANK, N.A.,ef 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 for Summary Judgment (Doc. No. 33); Response (Doc. 34); Reply (Doc. No. 35); and Magistrate Judge Sheldon's Memorandum and Recommendation (Doc. No. 36) 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. Accordingly, It is hereby
ORDERED that the Memorandum and Recommendation (Doc. No. 35) is ADOPTED. Defendant Wells Fargo Bank's Motion for Summary Judgment (Doc. No. 33) is GRANTED IN PART and Plaintiffs claims for unjust enrichment, breach of fiduciary duty and conversion as to any checks deposited before March 13, 2017 are dismissed; and it is denied as to Plaintiff's conversion claims as to any checks deposited on or after March 13, 2017.