U.S. Bank Trust Company, N.A. v. Farias

District Court, W.D. Texas

U.S. Bank Trust Company, N.A. v. Farias

Trial Court Opinion

FILED July 08, 2025 UNITED STATES DISTRICT COURT CLERK, U.S. DISTRICT COURT WESTERN DISTRICT OF TEXAS WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION BY: NM DEPUTY U.S. BANK TRUST COMPANY, N.A., § AS TRUSTEE, AS SUCCESSOR-IN- § INTEREST TO U.S. BANK § NATIONAL ASSOCIATION, AS § SUCCESSOR-IN-INTEREST TO § BANK OF AMERICA, N.A., § SUCCESSOR BY MERGER TO § LASALLE BANK, N.A., AS § TRUSTEE FOR C-BASS § MORTGAGE LOAN ASSET- § BACKED CERTIFICATES, SERIES § NO. SA-23-CV-01516-OLG 2007-SP1, § § Plaintiff, § § v. § § ELIZABETH SANCHEZ FARIAS, § ALMA RODRIGUEZ, SALVADOR § RODRIGUEZ, JR., and RUBEN S. § RODRIGUEZ, § § Defendants. § ORDER ADOPTING REPORT AND RECOMMENDATION The Court has considered United States Magistrate Judge Elizabeth S. Chestney’s Report and Recommendation (R&R), filed April 30, 2025, concerning Plaintiff’s Motion for Default Judgment (Dkt. No. 41). (See R&R, Dkt. No. 42.) Any party who desires to object to a Magistrate Judge’s findings and recommendations must serve and file specific written objections within 14 days after being served with a copy of the findings and recommendations. FED. R. Civ. P. 72(b)(2), A copy of the R&R was served on Defendants via certified mail on May 1, 2025 (see Dkt. No. 43) and returned as undeliverable on May 23, 2025 (see Dkt. Nos. 45, 46, 47, & 48); to date, no objections have been filed. See FED. R. Clv. P. 5(b)(2)(C) (providing that service may be made by mail “to the person’s last known address—in which event service is complete upon mailing”).

Because no party has objected to the Magistrate Judge’s findings or recommendations, the Court reviews the R&R for clear error. See United States v. Wilson,

864 F.2d 1219, 1221

(5th Cir. 1989); cf

28 U.S.C. § 636

(b)(1) (“A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which an objection is made.”) After such review, the Court finds that the R&R is neither clearly erroneous nor contrary to law. Accordingly, the Court ADOPTS the Magistrate Judge’s R&R (Dkt. No. 42) and, for the reasons set forth therein, Plaintiff's Motion for Default Judgment (Dkt. No. 41) is GRANTED. A final default judgment in favor of Plaintiff shall issue separately in accordance with Rule 58. The Clerk is directed to CLOSE this case upon entry of judgment. It isso ORDERED.

SIGNED this day of July 2025. =. . ORLANDO L. GARCIA United States District Judge

Reference

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