Abor et al v. Planet Home Lending LLC et al

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
C L ABOR and MICHAELA NICOLE §
ABOR, §
Plaintiffs, §
§
V. § No. 3:24-CV-2205-B-BW
§
PLANET HOME LENDING LLC, et al., §
Defendants. §
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made findings, conclusions, and a
recommendation in this case. No objections were filed. The District Judge reviewed
the proposed findings, conclusions, and recommendation for plain error. Finding
none, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the
United States Magistrate Judge.
After reviewing all relevant matters of record in this case, including the
Findings, Conclusions, and Recommendation of the United States Magistrate Judge,
the Court is of the opinion that the Findings and Conclusions of the Magistrate
Judge are correct, and they are accepted as the Findings and Conclusions of the
Court. For the reasons stated in the Findings, Conclusions, and Recommendation of
the United States Magistrate Judge, the Court GRANTS Defendant Planet Home
Lending, LLC’s motion for judgment on the pleadings pursuant to Federal Rule of
Civil Procedure 12(c) (Dkt. No. 62) and DISMISSES with prejudice all claims
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against Planet Home Lending, LLC. Plaintiffs’ claims against Defendant Bernard
Boteju d/b/a Bernard Management are DISMISSED without prejudice for failure
to timely serve Defendant Bernard with summons and a copy of the complaint
pursuant to Federal Rule of Civil Procedure 4(m) and also pursuant to Rule 41(b) for
failure to comply with court orders and to timely prosecute the case.
SO ORDERED.
Signed on January 26, 2206.
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