Southern District of Texas ENTERED UNITED STATES DISTRICT COURT February 18, 2025 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION SANTANDER BANK, N.A., § § Plaintiff, § V. CIVIL ACTION NO. 2:24-CV-00069 RONALD J. LILLARD, e¢ al., Defendants. ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Jason Libby’s Memorandum and Recommendation (“M&R”). (D.E. 52). The M&R recommends that the Court deny Defendants’ motions to dismiss. Id. at 1. The M&R also recommends that the Court terminate Defendant Martinez’s motion to dismiss, (D.E. 15), as a pending motion subject to reinstatement and consideration after the bankruptcy stay has been lifted. /d. at 1, n.1. The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge’s M&R. See

(b)(1); FED. R. Civ. P. 72(b); General Order No. 2002-13. No objection has been filed. When no timely objection has been filed, the district court need only determine whether the Magistrate Judge’s M&R is clearly erroneous or contrary to law. United States v. Wilson,

(Sth Cir. 1989) (per curiam); Powell v. Litton Loan Servicing, L.P., No. 4:14-CV-02700,

, at *1 (S.D. Tex. June 18, 2015) (Harmon, J.) (citation omitted). Having reviewed the proposed findings and conclusions of the Magistrate Judge, the filings of the parties, the record, and the applicable law, and finding that the M&R is not clearly erroneous or contrary to law, the Court ADOPTS the M&R in its entirety. (D.E. 52). Accordingly, the Court

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DENIES Defendants’ motions to dismiss, (D.E. 17; D.E. 29), and ORDERS the Clerk of Court to terminate Defendant Martinez’s motion to dismiss, (D.E. 15), as a pending motion subject to reinstatement and consideration after the bankruptcy stay has been lifted. SO ORDERED. / A j }

DA\NDS-MORALES UNITED STATES DISTRICT JUDGE

Signed: Corpus Christi, Texas February 18, 2025

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