Scarbrough v. JPMorgan Chase Bank, N.A.

District Court, S.D. Texas

Scarbrough v. JPMorgan Chase Bank, N.A.

Trial Court Opinion

□ Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT June 30, 2022 FOR THE SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION EDWARD LEE SCARBROUGBH, et ai., § § Plaintiffs, § § vs. § CIVIL ACTION NO. H-21-3760 § JPMORGAN CHASE BANK, N.A., et al., § § Defendants. § ORDER ADOPTING MEMORANDUM AND RECOMMENDATION AND GRANTING MOTIONS TO DISMISS This court has reviewed the Memorandum and Recommendation of Judge Sam S. Sheldon signed on June 2, 2022, and made a de novo determination. FED. R. Civ. P. 72(b);

28 U.S.C. § 636

(b)(1)(C); United States v. Wilson,

864 F.2d 1219

(Sth Cir. 1989). No objections have been filed. Based on the record, the parties’ briefs, and the applicable law, the court adopts the Memorandum and Recommendation as this court’s Memorandum and Order. This court finds and concludes that: (1) the court has subject matter jurisdiction based on diversity of citizenship; (2) the plaintiffs motion to remand, (Docket Entry No. 8), is denied; and (3) the defendants’ motions to dismiss, (Docket Entry Nos. 16, 29), are granted. The dismissal is without prejudice and with leave to amend, no later than July 29, 2022. If no amendment is filed by July 29, 2022, the dismissal will be with prejudice. SIGNED on June 30, 2022, at Houston, Texas.

LW Conte Lee H. Rosenthal Chief United States District Judge

Reference

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