Wilmington Trust, National Association, not in its individual capacity, but solely as trustee for MFRA Trust 2015-2 v. Martinez

N.D. Texas

Wilmington Trust, National Association, not in its individual capacity, but solely as trustee for MFRA Trust 2015-2 v. Martinez

DecidedJune 7, 2021

Docket5:20-cv-00254

StatusUnknown

This text of Wilmington Trust, National Association, not in its individual capacity, but solely as trustee for MFRA Trust 2015-2 v. Martinez (Wilmington Trust, National Association, not in its individual capacity, but solely as trustee for MFRA Trust 2015-2 v. Martinez) is published on Counsel Stack Legal Research, covering District Court, N.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Wilmington Trust, National Association, not in its individual capacity, but solely as trustee for MFRA Trust 2015-2 v. Martinez, (N.D. Tex. 2021).

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION WILMINGTON TRUST, NATIONAL ASSOCIATION, not in its individual capacity, but solely as TRUSTEE FOR MFRA TRUST 2015-2, Plaintiff, □ No, 5:20-CV-254-H-BO Vv. MARIA MARTINEZ, et Defendants. ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE United States Magistrate Judge D. Gordon Bryant, Jr. made Findings, Conclusions, and a Recommendation (FCR) in this case on April 14, 2021. See Dkt. No. 18. Judge Bryant recommended that the Court grant the plaintiff's Motion for Attorney’s Fees, Dkt. No. 16, and award $2,483.00 in attorney’s fees and $957.69 in court costs. No objections to the FCR were filed. The District Court has therefore reviewed the proposed FCR for plain error. U.S. ex rel. Steury v. Cardinal Health, Inc,, 735 F.3d 202, 205 (5th Cir, 2013) (“[P]lain error review applies when a party did not object to a magistrate judge’s findings of fact, conclusions of law, or recommendation to the district court, so long as the party was served with notice of the consequences of failing to object.”) (citing Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415, 1428 (Sth Cir, 1996) (en banc), superseded on other grounds by 28 U.S.C. § 636(b)(1)). Finding none, the Court accepts the FCR of the United States Magistrate Judge.

Wilmington Trust’s Motion for Attorney’s Fees is granted. The Court awards Wilmington Trust $2,483.00 in attorney’s fees and $957.69 in court costs, Pursuant to the Court’s Final Default Judgment, Wilmington Trust may tax “[c]osts and attorney’s fees . . . against the defendants up to the value of the property and not as a personal judgment against the defendants.” Dkt. No. 15 at 2. So ordered on June 7, 2021.

ar a jhe JAMES‘WESLEY HENDRIX UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION WILMINGTON TRUST, NATIONAL ASSOCIATION, not in its individual capacity, but solely as TRUSTEE FOR MFRA TRUST 2015-2, Plaintiff, □ No, 5:20-CV-254-H-BO Vv. MARIA MARTINEZ, et Defendants. ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE United States Magistrate Judge D. Gordon Bryant, Jr. made Findings, Conclusions, and a Recommendation (FCR) in this case on April 14, 2021. See Dkt. No. 18. Judge Bryant recommended that the Court grant the plaintiff's Motion for Attorney’s Fees, Dkt. No. 16, and award $2,483.00 in attorney’s fees and $957.69 in court costs. No objections to the FCR were filed. The District Court has therefore reviewed the proposed FCR for plain error. U.S. ex rel. Steury v. Cardinal Health, Inc,, 735 F.3d 202, 205 (5th Cir, 2013) (“[P]lain error review applies when a party did not object to a magistrate judge’s findings of fact, conclusions of law, or recommendation to the district court, so long as the party was served with notice of the consequences of failing to object.”) (citing Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415, 1428 (Sth Cir, 1996) (en banc), superseded on other grounds by 28 U.S.C. § 636(b)(1)). Finding none, the Court accepts the FCR of the United States Magistrate Judge.

Wilmington Trust’s Motion for Attorney’s Fees is granted. The Court awards Wilmington Trust $2,483.00 in attorney’s fees and $957.69 in court costs, Pursuant to the Court’s Final Default Judgment, Wilmington Trust may tax “[c]osts and attorney’s fees . . . against the defendants up to the value of the property and not as a personal judgment against the defendants.” Dkt. No. 15 at 2. So ordered on June 7, 2021.

ar a jhe JAMES‘WESLEY HENDRIX UNITED STATES DISTRICT JUDGE

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