UNITED STATES DISTRICT COURT FILED WESTERN DISTRICT OF TEXAS July 13, 2023 SAN ANTONIO DIVISION CLERK, U.S. DISTRICT COURT WESTERN DISTRICT OF TEXAS UNITED STATES OF AMERICA, § BY: NM § DEPUTY Plaintiff, § § v. § § PETE E. GUTIERREZ, JEANETTE § M. GUTIERREZ, GUTIERREZ P. § ENTERPRISES, LLC., FGMS § CIVIL NO. SA:21-CV-00286-OLG HOLDINGS, LLC, OVATION § SERVICES, LLC, CAPITAL ONE, § NATIONAL ASSOCIATION, AND § DEUTSCHE BANK TRUST § COMPANY AMERICAS, AS § TRUSTEE FOR RESIDENTIAL § ACCREDIT LOANS, INC., § § Defendants. § ORDER Before the Court is United States Magistrate Judge Richard B. Farrer’s Report and Recommendation (R&R) concerning Plaintiff the United States of America’s Motion for Partial Summary Judgment (see Dkt. No. 39) and Motion to Dismiss Defendants Capital One and Ovation Services (see Dkt. No. 46).! (R&R, Dkt. No. 51, filed Apr. 20, 2023.) Defendants Pete E. Gutierrez and Jeanette M. Gutierrez were served with a copy of the R&R on May 1, 2023, and the time to object has passed. (Dkt. No. 53.) Because no party has objected to the R&R, the Court has reviewed the recommendation to determine whether it is clearly erroneous or contrary to law. See United States v. Wilson,

(Sth Cir. 1989). It is not. Accordingly, the Court concludes that Magistrate Judge Farrer’s Report and Recommendation (Dkt. No. 51) should be and hereby is ADOPTED.

'In light of the United States’ stipulations with FGMS Holdings, LLC (see Dkt. No. 32) and Deutsche Bank Trust Company Americas (see Dkt. No. 33), the pending motions—which the R&R . recommends be granted in full—resolve all outstanding issues in this matter. (See Dkt. Nos. 47 & 48.)

It is therefore ORDERED that, for the reasons stated in the R&R, Plaintiff's Motion for Summary Judgment (Dkt. No. 39) and Plaintiff’s Motion to Dismiss Defendants Capital One and Ovation Services (Dkt. No. 46) are GRANTED. It isso ORDERED.

SIGNED this [~ day of July, 2023.

ORLANDO L. GARCIA United States District Judge