□ Southern District of Texas ENTERED January 30, 2024 UNITED STATES DISTRICT COURT Nathan Ochsner, Clerk SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

CADENCE BANK, § § Plaintiff, § § VS. § CIVIL ACTION NO. 4:23-CV-02959 § BANK OF AMERICA, N. A., § § Defendant. § ORDER Before the Court is United States Magistrate Judge Yvonne Y. Ho’s Combined Order and Memorandum and Recommendation filed on November 3, 2023. Doc. #27. The deadline for filing objections has passed, and no objections have been filed. Pursuant to Federal Rule of Civil Procedure 72(b), the Court has reviewed the Memorandum and Recommendation for clear error. See also United States v. Wilson,

(Sth Cir. 1989). Finding no clear error, the Court adopts the Memorandum and Recommendation as to Defendant Bank of America, N.A.’s Motion to Dismiss (Doc. #4). Accordingly, Defendant Bank of America, N.A.’s Motion to Dismiss (Doc. #4) is DENIED WITHOUT PREJUDICE to file a renewed motion upon Plaintiff Cadence Bank amending its pleading. It is so ORDERED.

JAN 30 2024 Date The Honorable Alfred'¥f. Bennett United States District Judge