BMO Harris Bank NA v. Rhino Ready Mix Trucking Inc et al
| BMO Harris Bank NA |
| Rhino Ready Mix Trucking Inc, Jose Arambula and Freddy Amaya |
| 3:2018cv00793 |
| March 30, 2018 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Dallas |
| Sam A Lindsay |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
31
Order Accepting 28 Findings and Recommendations re: 17 Motion to Vacate filed by Jose Arambula. The court finds no factual or legal errors in the 28 Findings and Recommendations. It also finds no error in the magistrate judge's [27 ] order denying Jose Arambula's 18 Request for Hearing on his Motion to Vacate, given the magistrate judge's interpretation, as a matter of law, of the plain language in the Continuing Guaranty. Accordingly, having considered the Motion t o Vacate, briefs, pleadings, the file, the Findings and Recommendations, and record in this case, and having conducted a de novo review of the portions of the Findings and Recommendations objected to by Jose Arambula, the court determines that the ma gistrate judge's findings and conclusions are correct; accepts them as those of the court; overrules 29 Jose Arambula's objections to the Findings and Recommendations; and denies his 17 Motion to Vacate. Further, the court overrules Jose Arambula's 29 objections to the denial of his 18 Request for Hearing, and it affirms the magistrate judge's 27 order denying the Request for Hearing. (Ordered by Judge Sam A. Lindsay on 11/21/2023) (chmb)
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