Harker v. Ocwen Loan Servicing, LLC et al
Joseph Harker |
Ocwen Loan Servicing, LLC, Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital 1 Inc. Trust 2002-AM2 Mortgage Pass-Through Certificates, Series 2002-AM2 and Aames Funding Corp. D/B/A Aames Home Loans |
4:2015cv00719 |
October 15, 2015 |
US District Court for the Eastern District of Texas |
Sherman Office |
Collin |
Christine A. Nowak |
Amos L. Mazzant |
All Other Real Property |
28 U.S.C. ยง 1332 |
Plaintiff |
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Filing 16 MEMORANDUM OPINION AND ORDER re 12 Report and Recommendation, 13 Notice of Nonsuit filed by Joseph Harker, 7 MOTION to Dismiss and Brief in Support, filed by Deutsche Bank National Trust Company, as Trustee for Morgan Stanley A BS Capital 1 Inc. Trust 2002-AM2 Mortgage Pass-Through Certificates, Series 2002-AM2, Ocwen Loan Servicing, LLC. Having received the report of the Magistrate Judge, having considered Plaintiffs Notice of Nonsuit filed subsequent to such report (D kt. #13), Defendants Objection to the Notice of Nonsuit (Dkt. #14), and having conducted a de novo review, this Court is of the opinion that the findings and conclusions of the Magistrate Judge (Dkt. #12) should be SET ASIDE AS MOOT. It is, therefo re, ORDERED that Plaintiff's Notice of Nonsuit (Dkt. #13) is GRANTED, and Plaintiff's claims against Defendants are DISMISSED WITHOUT PREJUDICE. Moreover, Defendants Ocwen Loan Servicing, LLC and Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital 1 Inc. Trust 2002-AM2's Motion to Dismiss (Dkt. #7) is DENIED AS MOOT. All relief not previously granted is hereby denied. The Clerk is directed to CLOSE this civil action. Signed by Judge Amos L. Mazzant, III on 3/16/2016. (kls, ) |
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