Suarez v. U.S. Bank, N.A., as Trustee

Western District of Texas, txwd-5:2019-cv-01339

Proposed Order Granting Motion to Dismiss and Motion for Sanctions

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N THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION FELIX ROBERT SUAREZ, § § Plaintiff, § § v. § CIVIL ACTION NO. 5:19-cv-01339-XR § U.S. BANK, N.A., AS TRUSTEE § § Defendant. § ORDER GRANTING MOTION TO DISMISS AND MOTION FOR SANCTIONS Having considered the Motion to Dismiss and Motion for Sanctions (the "Motion") filed by Defendant U.S. Bank National Association, as Trustee for ACE Securities Corp. Home Equity Loan Trust, Series 2001-AQ1, Asset-Backed Pass-Through Certificates ("Defendant"), the papers and pleadings on file with the Court in this matter, and any arguments of counsel, the Court rules as follows: The Court is of the opinion that Defendant's Motion is meritorious and should be GRANTED. It is, accordingly, ORDERED that Plaintiff's claims be and are hereby dismissed with prejudice to the re-filing of same. It is further ORDERED that all costs shall be taxed against Plaintiff. It is further ORDERED that Plaintiff must pay $2,500 to Defendant for expenses and reasonable attorney's fees incurred in defending this lawsuit within twenty-one (21) days of this order. It is further ORDERED that Plaintiff be and hereby is enjoined from filing any new civil action against U.S. Bank unless he first files a motion requesting leave of court to do so and 1 attaches thereto a copy of its proposed complaint and a copy of this Court's order imposing the injunction. SIGNED ON this _____ day of _____________________ 2019. _________________________________________ UNITED STATES DISTRICT JUDGE 2