Ramirez et al v. Apex Bank

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
RENE RAMIREZ and LAURA RAMIREZ, §
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Plaintiffs, §
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v. § Civil Action No. 7:25-CV-00302
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APEX BANK, §
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Defendant. §
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
Pending before the Court is the March 10, 2026, Memorandum and
Recommendation (“M&R”) prepared by Magistrate Judge Nadia S. Medrano. (Dkt. No.
11). Judge Medrano made findings and conclusions and recommended that Defendant’s
Motion to Dismiss for Failure to State a Claim, (Dkt. No. 4), be granted and that this case
be dismissed, (Dkt. No. 11).
The Parties were provided proper notice and the opportunity to object to the M&R.
See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). No party filed an objection. As a result,
review is straightforward: plain error. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th
Cir. 2005). No plain error appears.
Accordingly, the Court accepts the M&R and adopts it as the opinion of the Court.
It is therefore ordered that:
(1) Judge Medrano’s M&R, (Dkt. No. 11), is ACCEPTED and ADOPTED in
its entirety as the holding of the Court;
(2) Defendant’s Motion to Dismiss for Failure to State a Claim, (Dkt. No. 4), is
GRANTED; and
United States District Court
Southern District of Texas
ENTERED
March 25, 2026
Nathan Ochsner, Clerk
Case 7:25-cv-00302 Document 12 Filed 03/25/26 in TXSD Page 1 of 2

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(3) This case is DISMISSED without prejudice.
It is SO ORDERED.
Signed on March 25, 2026.
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DREW B. TIPTON
UNITED STATES DISTRICT JUDGE
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