Hayes et al v. PHH Mortgage Corporation et al

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
GAZELLE HAYES, et al.,
Plaintiffs,
v.
PHH MORTGAGE CORPORATION,
et al.,
Defendants.
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Civil Action No. 3:25-cv-01056-E-BT
ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The Court conducted an independent review of the pleadings, files and records in this case,
and the Findings, Conclusions, and Recommendation of the United States Magistrate Judge dated
February 11, 2026 (ECF No. 10). No objections were filed. The Court reviewed the proposed
findings, conclusions, and recommendation for plain error. The Court has found no error in the
Findings, Conclusions, and Recommendation of the United States Magistrate Judge.
The Court finds that the Findings and Recommendation of the Magistrate Judge are correct,
and they are accepted as the Findings, Conclusions, and Recommendation of the Court. The Court
also finds that Plaintiff Hayes timely filed an Amended Complaint (ECF No. 14) asserting new
claims against Ocwen Financial Corporation, Ocwen Mortgage Servicing Inc, and Ocwen Loan
Servicing LLC, but that the Amended Complaint fails to properly plead a plausible claim against
PHH Mortgage Corporation. IT IS, THEREFORE, ORDERED that the Findings, Conclusions,
and Recommendation of the United States Magistrate Judge are accepted and the Defendant PHH
Mortgage Company’s Motion to Dismiss (ECF No. 8) is GRANTED and Plaintiff’s claims against
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ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE Page 2 of 2
PHH are dismissed with prejudice. Further, all of Plaintiff’s claims against AVT Title Services,
LLC. Substitute Trustee, Power Default Services, and Mark Bombick are DISMISSED
WITHOUT PREJUDICE.
Under Rule 4(m), Plaintiff must serve Ocwen Financial Corporation, Ocwen Mortgage
Servicing Inc, and Ocwen Loan Servicing LLC within 90 days of the filing of the Amended
Complaint. See Fed. R. Civ. P. 4(m). Thus, the Court ORDERS Plaintiff to: (1) serve Ocwen
Financial Corporation, Ocwen Mortgage Servicing Inc, and Ocwen Loan Servicing LLC with a
summons and the Amended Complaint, and (2) file proof of that service with the Court on or
before June 15, 2026. If Plaintiff fails to do so, the Court may dismiss this lawsuit without
prejudice.
SO ORDERED.
25th Day of March, 2026.
___________________________________
ADA BROWN
UNITED STATES DISTRICT JUDGE
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