Smith v. Newrez LLC dba Shellpoint Mortgage Servicing et al

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Case 4:25-cv-01470 Documenti6- Filed 07/17/26in TXSD Page1of2
United States District Court

Southem District of Texas

ENTERED

UNITED STATES DISTRICT COURT July 20, 2026
SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk

HOUSTON DIVISION

SEAN SMITH,

Plaintiff,
Civil Action No.
Vv. 4:25-cv-1470
NEWREZ, LLC, d/b/a SHELLPOINT
MORTGAGE SERVICING, and BANK
OF NEW YORK MELLON, TRUSTEE
FOR CWABS ASSET-BACKED
CERTIFICATES TRUST 2005-BCS,

MMMM MMm MM mM mM WM

Defendants.

ORDER ADOPTING RECOMMENDATION OF THE MAGISTRATE JUDGE

The Magistrate Judge entered an Order to Show Cause in this
case on September 3, 2025, at Document No. 12 ordering Plaintiff
to show cause in writing as to why this case should not be dismissed
under Fed. R. Civ. P. 37. As of this date, Plaintiff has failed to
comply with the Magistrate Judge’s Court Order.

The Court has received from the Magistrate Judge a Memorandum
and Recommendation recommending this case be dismissed without
prejudice and further recommending denying as moot Defendants’
Motion to Extend Dispositive Motion Deadline (Document No. 13) and
Defendants’ Motion for Judgment on the Pleadings (Document No.
14). The deadline for objections has passed, and no objections

have been filed.

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

Case 4:25-cv-01470 Documenti6- Filed 07/17/26in TXSD Page 2 of 2

The Court, after having made a de novo determination of the
motion to extend, motion to dismiss, show cause order, and failure
of Plaintiff to comply, is of the opinion that the findings and
recommendations of the Magistrate Judge are correct and should be
and hereby are accepted by the Court in their entirety.

Accordingly, it is ORDERED and ADJUDGED for the reasons set
forth in the Memorandum and Recommendation of the United States
Magistrate Judge signed and filed on June 30, 2026 (Document No.
15), which is adopted in its entirety as the opinion of this Court,
Plaintiff’s claims against Defendants are DISMISSED WITHOUT
PREJUDICE under Fed. R. Civ. P. 37 and Defendants’ Motion to Extend
Dispositive Motion Deadline and Defendants’ Motion for Judgment on
the Pleadings (Document No. 14) are DENIED AS MOOT.

It is so ORDERED.

The Clerk will enter this Order and send copies to all parties
of record.

Signed at Houston, Texas this ] ey of July, 2026.

Zag Werberis Y

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