Filed: Jul. 26, 2013
Latest Update: Jul. 26, 2013
Summary: ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE JOHN A. WOODCOCK, Jr., Chief District Judge. On March 15, 2013, Allan and Sheri Beck, acting pro se, filed a complaint against the Federal National Mortgage Association (Fannie Mae), CitiMortgage, Inc. (CMI), and Mortgage Electronic Registration Systems, Inc. 1 (MERS). Compl. (ECF No. 1). On May 16, 2013, CMI moved to dismiss the Complaint. Def. CitiMortgage, Inc.'s Mot. to Dismiss Counts I, III and IV of the Compl. (ECF No.
Summary: ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE JOHN A. WOODCOCK, Jr., Chief District Judge. On March 15, 2013, Allan and Sheri Beck, acting pro se, filed a complaint against the Federal National Mortgage Association (Fannie Mae), CitiMortgage, Inc. (CMI), and Mortgage Electronic Registration Systems, Inc. 1 (MERS). Compl. (ECF No. 1). On May 16, 2013, CMI moved to dismiss the Complaint. Def. CitiMortgage, Inc.'s Mot. to Dismiss Counts I, III and IV of the Compl. (ECF No. ..
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ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
JOHN A. WOODCOCK, Jr., Chief District Judge.
On March 15, 2013, Allan and Sheri Beck, acting pro se, filed a complaint against the Federal National Mortgage Association (Fannie Mae), CitiMortgage, Inc. (CMI), and Mortgage Electronic Registration Systems, Inc.1 (MERS). Compl. (ECF No. 1). On May 16, 2013, CMI moved to dismiss the Complaint. Def. CitiMortgage, Inc.'s Mot. to Dismiss Counts I, III and IV of the Compl. (ECF No. 14). The Plaintiffs filed their response on June 3, 2013. Pls.' Resp. to Def. CitiMortgage Inc.'s Mot. to Dismiss Counts 1, 3 and 4 (ECF No. 18). On June 27, 2013, the Magistrate Judge filed her Recommended Decision. Recommended Decision (ECF No. 21).
On July 15, 2013, the Plaintiffs filed what they styled the "Plaintiffs' Response to Defendant CitiMortgage Inc.'s Brief; Memorandum of Points and Authorities; Concurrent Application to Enter Defendant[]s MERS and Fannie Mae into Default". Pls.' Resp. to Def. CitiMortgage Inc.'s Br. in Support of Mot. to Dismiss; Concurrent Appl. to Enter App. Defs. MERS and Fannie Mae into Default (ECF No. 24). On July 25, 2013, Defendant CitiMortgage replied to the Plaintiffs' Response. Def. CitiMortgage Inc.'s Resp. to Pls.' Supplemental Resp. to Mot. to Dismiss Counts I, III and IV of the Compl. (ECF No. 27). Although the Plaintiffs' July 15, 2013 response is technically not an objection under 28 U.S.C. § 636(b)(1)(C), the Court has treated the Plaintiffs' response as an objection.
The Court has reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record and has made a de novo determination of all matters adjudicated by the Magistrate Judge's Recommended Decision. The Court concurs with the recommendations of the United States Magistrate Judge for the reasons set forth in her Recommended Decision and determines that no further proceeding is necessary.
The Court GRANTS Defendant CitiMortgage Inc.'s Motion to Dismiss Counts I, III and IV of Plaintiffs' Complaint as well as any claim of fraud that might be extrapolated from the Plaintiffs' Complaint. (ECF No. 14). Counts I, III and IV of Plaintiffs' Complaint are hereby DISMISSED.
SO ORDERED.
