Summary
holding that, in context of a Rule 12(b) motion, court had "complete discretion to either accept or exclude the evidence for purposes of determining the motion"
Summary of this case from Nationwide Agribusiness Ins. Co. v. Varco Pruden Bldgs., Inc.Opinion
CIVIL ACTION NO. 3:12-CV-1725-G (BH)
06-26-2015
SHERRI R. LOWE, Plaintiff, v. VIEWPOINT BANK, Defendant.
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing all relevant matters of record in this case, including the findings, conclusions, and recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the undersigned district judge is of the opinion that the findings and conclusions of the magistrate judge are correct and they are accepted as the findings and conclusions of the court.
Defendant Viewpoint Bank's second motion for summary judgment, filed October 7, 2014 (docket entry 85), is GRANTED, and its second motion to dismiss for failure to state a claim is DENIED as moot. Consequently, plaintiff Sherri Lowe's motion for summary judgment, filed June 23, 2015 (docket entry 103), is DENIED as moot. By separate judgment, all of the plaintiff's remaining claims against the defendant will be DISMISSED with prejudice.
SO ORDERED. June 26, 2015.
/s/ _________
A. JOE FISH
Senior United States District Judge