Summary
granting a motion to dismiss a Section 392.303 claim where "Plaintiff fail[ed] to identify any fees or penalties incidental to his loan that Defendant imposed"
Summary of this case from Snowden v. Wells Fargo Bank, N.A.Opinion
Civil Action No. 3:13-CV-3576-O
09-16-2014
ANDRE VAN'T WESTINDE, Plaintiff, v. JPMORGAN CHASE BANK, N.A., 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 the 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.
Since Plaintiff has timely filed a second amended complaint as allowed by the recommendation, Defendant's Motion to Dismiss Plaintiff's First Amended Complaint (ECF No. 14), filed October 16, 2013, is DENIED as moot. This action will now proceed on the second amended complaint. This case remains referred for pretrial management. See ECF No. 5.
SIGNED this 16th day of September, 2014.
/s/_________
Reed O'Connor
UNITED STATES DISTRICT JUDGE