Suarez v. U.S. Bank, NA, As Trustee

Western District of Texas, txwd-5:2019-cv-00704

ORDER ADOPTING REPORT AND RECOMMENDATIONS for [22] Report and Recommendations; such that Defendant/Counter-Plaintiffs Motion for Summary Judgment (docket no. 20) is GRANTED and Judgment is entered in favor of defendant on its counterclaim. IT IS FURTHER ORDERED that, because this resolves all pending matters in the case as all other claims have been dismissed, motions pending with the Court, if any, are Dismissed as Moot and this case is CLOSED. Signed by Judge Fred Biery.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION FELIX ROBERT SUAREZ,)) Plaintiff,)) V.) CIVIL ACTION NO. SA-19-CA-0704-FB) U.S. BANK, NA, as Trustee,)) Defendant.) ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Before the Court is the Report and Recommendation of United States Magistrate Judge (docket no. 22) filed in the above-captioned cause on November 5, 2019. This Report and Recommendation concerns the motion for summary judgment (docket o. 20) filed by defendant/counter-plaintiff U.S. Bank Trust National Association, as Trustee of CVI LCF Mortgage Loan Trust I ("defendant") on its counterclaim for foreclosure. To date, no objections to the Report and Recommendation have been filed.1 Because no party has objected to the Magistrate Judge's Report and Recommendation, the Court need not conduct a de novo review. See 28 U.S.C. § 636(b)(1) ("A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings and recommendations to which objection is made."). The Court has reviewed the Report and Recommendation and finds its reasoning to be neither clearly erroneous nor contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918 (1989). 1 Any party who desires to object to a Magistrate's findings and recommendations must serve and file his, her or its written objections within fourteen days after being served with a copy of the findings and recommendation. 28 U.S.C. § 635(b)(1). If service upon a party is made by mailing a copy to the party's last known address, "service is complete upon mailing." FED. R. CIV. P. 5(b)(2)(C). If service is by electronic means, "service is complete upon transmission." Id. at (E). IT IS THEREFORE ORDERED that the Report and Recommendation of United States Magistrate Judge (docket no. 22) is ACCEPTED pursuant to 28 U.S.C. § 636(b)(1) such that Defendant/Counter-Plaintiff's Motion for Summary Judgment (docket no. 20) is GRANTED and Judgment is entered in favor of defendant on its counterclaim. IT IS FURTHER ORDERED that, because this resolves all pending matters in the case as all other claims have been dismissed, motions pending with the Court, if any, are Dismissed as Moot and this case is CLOSED. It is so ORDERED. SIGNED this 25th day of November, 2019. _________________________________________________ FRED BIERY UNITED STATES DISTRICT JUDGE 2