Easterling v. U S Bank National Association

Justia Dockets & Filings Fifth Circuit Texas Northern District Easterling v. U S Bank National Association

Easterling v. U S Bank National Association

Plaintiff:	Ken Easterling
Defendant:	U S Bank National Association
Case Number:	3:2016cv03403
Filed:	December 9, 2016
Court:	US District Court for the Northern District of Texas
Office:	Dallas Office
County:	Dallas
Presiding Judge:	Sam A Lindsay
Nature of Suit:	Real Property: Foreclosure
Cause of Action:	28 U.S.C. § 1332 Diversity-Notice of Removal
Jury Demanded By:	None

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Date Filed	Document Text
January 10, 2019	Filing 41 Order Accepting 36 Findings, Conclusions and Recommendation of the United States Magistrate Judge. If Plaintiff wishes to pursue his TDCPA claim, he must file an amended complaint by 1/23/2019, that cures the deficiencies noted by the magistrate judge with respect to his TDCPA claim. Defendant U.S. Bank National Association's Motion to Dismiss (Doc. 17 ) with respect to Plaintiff's request for declaratory relief is granted, and this claim is dismissed with prejudice under Federal Rule of Civil Procedure 12(b)(6); Defendant U.S. Bank National Association's Motion to Dismiss (Doc. 17 ) with respect to Plaintiff's TDCPA claim is denied without prejudice; and Defendant U.S. Bank National Association's Motion for S ummary Judgment (Doc. 17 ) with respect to its breach of contract claim and requests for judicial foreclosure and attorney's fees is granted. Defendant is, therefore, entitled to enforce the Note and Deed of Trust to judicially foreclose on the property in question and is awarded reasonable attorney's fees totaling $5,031. Accordingly, Defendant may proceed with the judicial foreclosure of the property located at 1233 High Bluff Drive, Desoto, Texas 75115. (Ordered by Judge Sam A Lindsay on 1/10/2019) (zkc)

Date Filed

Document Text

January 10, 2019

Filing 41 Order Accepting 36 Findings, Conclusions and Recommendation of the United States Magistrate Judge. If Plaintiff wishes to pursue his TDCPA claim, he must file an amended complaint by 1/23/2019, that cures the deficiencies noted by the magistrate judge with respect to his TDCPA claim. Defendant U.S. Bank National Association's Motion to Dismiss (Doc. 17 ) with respect to Plaintiff's request for declaratory relief is granted, and this claim is dismissed with prejudice under Federal Rule of Civil Procedure 12(b)(6); Defendant U.S. Bank National Association's Motion to Dismiss (Doc. 17 ) with respect to Plaintiff's TDCPA claim is denied without prejudice; and Defendant U.S. Bank National Association's Motion for S ummary Judgment (Doc. 17 ) with respect to its breach of contract claim and requests for judicial foreclosure and attorney's fees is granted. Defendant is, therefore, entitled to enforce the Note and Deed of Trust to judicially foreclose on the property in question and is awarded reasonable attorney's fees totaling $5,031. Accordingly, Defendant may proceed with the judicial foreclosure of the property located at 1233 High Bluff Drive, Desoto, Texas 75115. (Ordered by Judge Sam A Lindsay on 1/10/2019) (zkc)

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Plaintiff: Ken Easterling
Represented By:	Wade Travis Kricken
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Defendant: U S Bank National Association
Represented By:	Crystal Gee Roach
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