Opinion
CIVIL ACTION NO. 4:19-CV-2331
12-09-2020
SUNIVERSE, LLC, Plaintiff, v. ENCORE CREDIT CORP; dba ECC CREDIT CORPORATION OF TEXAS, et al, Defendants.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
Pending before the Court in the above referenced proceeding is Defendants' Motion for Total Summary Judgment (Doc. No. 22); Plaintiff's Response (Doc. No. 25); Defendants' Reply (Doc. No. 27); Plaintiff's Motion for Partial Summary Judgment on the Statute of Limitations (Doc. No. 28); Defendants' Response (Doc. No. 31); Plaintiff's Reply (Doc. No. 32); Judge Stacy's Memorandum and Recommendation (Doc. No. 37); Defendants' Objections (Doc. No. 38) and Plaintiff's Objections (Doc. No. 39) to the Memorandum and Recommendation.
The Court has carefully reviewed, de novo, the filings, the applicable law, the Magistrate Judge's Memorandum and Recommendation, and the objections thereto, and agrees with the Magistrate Judge's conclusion that the four-year statute of limitations did not, and has not, expired, and that there is no genuine issue of material fact that would preclude summary judgment for Defendants on Plaintiff's declaratory judgment and quiet title claims, but that there is sufficient summary judgment evidence to support Plaintiff's equitable redemption claim.. Accordingly, it is hereby
ORDERED that the objections of Defendant (Doc. No. 38) and the objections of Plaintiff (Doc. No. 39) are OVERRULED; the Memorandum and Recommendation (Doc. No. 37) is ADOPTED; Plaintiff's Motion for Partial Summary Judgment (Doc. No. 28) is DENIED; and Defendants' Motion for Total Summary Judgment (Doc. No. 22) is GRANTED in PART and DENIED in PART with summary judgment granted in Defendants' favor on Plaintiff's declaratory judgment and quiet title claims, and denied on Plaintiff's equitable redemption claim.
SIGNED at Houston, Texas, this 9th day of December 2020.
/s/_________
ANDREW S. HANEN
UNITED STATES DISTRICT JUDGE