O'Neal v. Select Portfolio Servicing, Inc. et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
LARA LEIGH O’NEAL,
Plaintiff,
v.
SELECT PORTFOLIO SERVICING,
INC. et al.,
Defendants.
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CASE NO. 1:25-CV-534-ADA-ML
ORDER ADOPTING MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Before the Court is the Report and Recommendation of United States Magistrate Judge
Mark Lane. 	ECF No. 34. 	The report recommends that this Court dismiss with prejudice
Defendants Grant Tabor; A+ Mobile Homes; Fleetwood Homes of Texas, L.P.; Sandy White;
Penny Starzyk; Does 1-50; Hinshaw and Culbertson LLP; C. Charles Townsend; Walter McInnis;
Brandon B. Wolf; Jerry Seacrest; Thomas C. Baird; Justin Ringstaff; LOGS Legal Group; Ronny
George; MWZM; Karla Balli; and Ester Gonzalez. Id. at 11. The report further recommends that
the Court dismiss with prejudice Plaintiff’s claims under FDCPA, fraud, good faith and fair
dealing, intentional infliction of emotional distress, unjust enrichment, breach of fiduciary duty,
abuse of process, and negligence. 	Id. at 11–12. 	The report and recommendation was filed on
October 28, 2025.
A party may file specific, written objections to the proposed findings and recommendations
of the magistrate judge within fourteen days after being served with a copy of the report and
recommendation, thereby securing de novo review by the district court. 28 U.S.C. § 636(b); Fed.
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R. Civ. P. 72(b). A district court need not consider “[f]rivolous, conclusive, or general objections.”
Battle v. U.S. Parole Comm’n, 834 F.2d 419, 421 (5th Cir. 1987) (quoting Nettles v. Wainwright,
677 F.2d 404, 410 n.8 (5th Cir. 1982) (en banc), overruled on other grounds by Douglass v. United
States Auto. Ass’n, 79 F.3d 1415 (5th Cir. 1996)). The district court may decline a party’s request
to hear new evidence not before the Magistrate Judge. Fed. R. Civ. P. 72(b)(3).
Plaintiff filed objections on November 12, 2025. ECF No. 48. The Court has conducted a
de novo review of Plaintiff’s Complaint, Defendant’s Motion, all related briefing and exhibits,
Plaintiff’s objections to the report and recommendation, and the applicable laws. After that
thorough review, the Court is persuaded that the Magistrate Judge’s findings and recommendation
should be adopted.1
IT IS THEREFORE ORDERED that the Report and Recommendation of United States
Magistrate Judge Mark Lane (ECF No. 34) is ADOPTED.
IT IS FURTHER ORDERED that Plaintiff’s objections are OVERRULED.
IT IS FURTHER ORDERED that claims against Defendants Grant Tabor; A+ Mobile
Homes; Fleetwood Homes of Texas, L.P.; Sandy White; Penny Starzyk; Does 1-50; Hinshaw
and Culbertson LLP; C. Charles Townsend; Walter McInnis; Brandon B. Wolf; Jerry Seacrest;
Thomas C. Baird; Justin Ringstaff; LOGS Legal Group; Ronny George; MWZM; Karla Balli;
and Ester Gonzalez are DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that Plaintiff’s claims under FDCPA, fraud, good faith
and fair dealing, intentional infliction of emotional distress, unjust enrichment, breach of
fiduciary duty, abuse of process, and negligence are DISMISSED WITH PREJUDICE.
1 ECF No. 31 is the operative complaint, as leave has not been granted to file a third amended
complaint. ECF No. 51 at 7.
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SIGNED this 5th day of January, 2026.
ALAN D ALBRIGHT
UNITED STATES DISTRICT JUDGE
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