Tyler v. PHH Mortgage Corporation

District Court, N.D. Texas

Tyler v. PHH Mortgage Corporation

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

LOU TYLER, ) ) Plaintiff, ) ) v. ) ) PHH MORTGAGE CORPORATION, et al., _) ) Defendants. ) Civil Action No. 3:19-CV-3007-C-BT

ORDER Before the Court are the Findings, Conclusions, and Recommendation of the United States Magistrate Judge therein advising the Court that Defendants’ Motion to Dismiss should be granted and that Plaintiff's claims should be dismissed with prejudice. Plaintiff filed timely objections to the Magistrate Judge’s Findings, Conclusions, and Recommendation on September 8, 2020. The Court conducts a de novo review of those portions of the Magistrate Judge’s report or specified proposed findings or recommendations to which a timely objection is made.

28 U.S.C. § 636

(b)(1)(C). Portions of the report or proposed findings or recommendations that are not the subject of a timely objection will be accepted by the Court unless they are clearly erroneous or contrary to law. See United States v. Wilson,

864 F.2d 1219, 1221

(Sth Cir. 1989). After due consideration and having conducted a de novo review, the Court finds that Plaintiffs objections should be OVERRULED.’ The Court has further conducted an

' To the extent Plaintiff seeks injunctive relief, the Court notes that Plaintiff has improperly asserted said request within the filing of her objections.

independent review of the Magistrate Judge’s findings and conclusions and finds no error. It is therefore ORDERED that the Findings, Conclusions, and Recommendation are hereby ADOPTED as the findings and conclusions of the Court. For the reasons stated therein, Defendants’ Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) is hereby GRANTED and Plaintiffs claims are DISMISSED with prejudice. The Court WARNS Plaintiff that she may be subject to additional sanctions should she persist in the filing of duplicative and vexatious oe SO ORDERED this_/4 “day of September, 2020.

f . gare? “4 wk be f | ee] fo \ Ss R. MINGS_ / “SENIOR UNITED STATES PISTRICT JUDGE

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