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Case 4:13-cv-00291-RC-ALM Document 28 Filed 09/19/13 Page 1 of 2 PageID #: 602

**NOT FOR PRINTED PUBLICATION**

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

MARTHA MATTHEWS,

Plaintiff,

V.

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BANK OF AMERICA, N.A., as successor §
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by merger to BAC HOME LOANS
SERVICING, L.P., and FEDERAL
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NATIONAL MORTGAGE
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ASSOCIATION and PROSPER BANK,
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Defendants.

CASE NO. 4:13cv291
Judge Clark/Judge Mazzant

RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

ORDER ADOPTING REPORT AND

Came on for consideration the report of the United States Magistrate Judge in this action, this

matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C.

§ 636. On August 23, 2013, the report of the Magistrate Judge was entered containing proposed

findings of fact and recommendations that defendant Prosper Bank’s Motion for Judgment on the

Pleadings [Doc. #17] be granted in part and denied in part.

Having received the report of the United States Magistrate Judge, and no objections thereto

having been timely filed, this court is of the opinion that the findings and conclusions of the

Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings and conclusions

of the court.

It is, therefore, ORDERED that defendant Prosper Bank’s Motion for Judgment on the

Pleadings [Doc. #17] is GRANTED in part and Plaintiff’s claims for violations of RESPA, breach

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Case 4:13-cv-00291-RC-ALM Document 28 Filed 09/19/13 Page 2 of 2 PageID #: 603

of contract, and negligent misrepresentation are DISMISSED as to Prosper Bank. The motion

is denied as to the claim for fraudulent inducement.

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So ORDERED and SIGNED on September ___, 2013. 19