Burghardt v. Bank of America N.A. et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
NORMAN BURGHARDT,
Plaintiff.
V.
BANK OF AMERICA, N.A., et al.,
Defendants.
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3:25-cv-00145
ORDER ADOPTING MAGISTRATE JUDGE’S
MEMORANDUM AND RECOMMENDATION
On September 12, 2025, all pretrial matters in this case were referred to
United States Magistrate Judge Andrew M. Edison under 28 U.S.C. § 636(b)(1).
Dkt. 17. Judge Edison filed a memorandum and recommendation on November 5,
2025, recommending that motions to dismiss filed by Defendant Bank of America,
N.A. (Dkt. 21) and Defendants Federal National Mortgage Association and FNMA
2006-128 Trust (Dkt. 23) be granted. Dkt. 27.
The 	parties 	have 	not 	filed 	any 	objections 	to 	the 	memorandum 	and
recommendation. Accordingly, the court reviews it for plain error on the face of the
record. 28 U.S.C. § 636(b)(1); FED . R. CIV . P. 72(b)(3).
Based on the pleadings, the record, and the applicable law, the court finds
no plain error apparent from the face of the record. Accordingly:
(1) 	Judge Edison’s memorandum and recommendation (Dkt. 27) is
approved and adopted in its entirety as the holding of the court;
United States District Court
Southern District of Texas
ENTERED
January 12, 2026
Nathan Ochsner, Clerk
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(2) 	Defendant Bank of America, N.A.’s motion to dismiss (Dkt. 21) and
Defendants 	Federal 	National 	Mortgage 	Association’s 	and 	FNMA
2006-128 Trust’s motion to dismiss (Dkt. 23) are granted; and
(3) 	Burghardt’s First Amended Complaint (Dkt. 9) is dismissed.
SIGNED on Galveston Island this 12th day of January 2026.
______________________________
JEFFREY VINCENT BROWN
UNITED STATES DISTRICT JUDGE
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