Filed: Mar. 28, 2019
Latest Update: Mar. 28, 2019
Summary: ORDER ADOPTING REPORT AND RECOMMENDATIONS MARIANNE O. BATTANI , District Judge . On May 16, 2018, Plaintiff filed a pro se civil complaint, alleging a violation of the Real Estate Settlement Procedures Act ("RESPA", 12 U.S.C. 2601, et seq. [ECF No. 1]. Defendant JPMorgan Chase Bank, N.A. filed on June 14, 2018 a Motion to Dismiss under Fed.R.Civ.P. 12(b)(6) [ECF No. 12] and Defendants Dimon, Lake and Directors Weldon, Raymond, Neal, Jackson, Hobson, Flynn, Burke, Crown, Bell, Combs a
Summary: ORDER ADOPTING REPORT AND RECOMMENDATIONS MARIANNE O. BATTANI , District Judge . On May 16, 2018, Plaintiff filed a pro se civil complaint, alleging a violation of the Real Estate Settlement Procedures Act ("RESPA", 12 U.S.C. 2601, et seq. [ECF No. 1]. Defendant JPMorgan Chase Bank, N.A. filed on June 14, 2018 a Motion to Dismiss under Fed.R.Civ.P. 12(b)(6) [ECF No. 12] and Defendants Dimon, Lake and Directors Weldon, Raymond, Neal, Jackson, Hobson, Flynn, Burke, Crown, Bell, Combs an..
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ORDER ADOPTING REPORT AND RECOMMENDATIONS
MARIANNE O. BATTANI, District Judge.
On May 16, 2018, Plaintiff filed a pro se civil complaint, alleging a violation of the Real Estate Settlement Procedures Act ("RESPA", 12 U.S.C. § 2601, et seq. [ECF No. 1]. Defendant JPMorgan Chase Bank, N.A. filed on June 14, 2018 a Motion to Dismiss under Fed.R.Civ.P. 12(b)(6) [ECF No. 12] and Defendants Dimon, Lake and Directors Weldon, Raymond, Neal, Jackson, Hobson, Flynn, Burke, Crown, Bell, Combs and Bammann filed on June 11, 2018 a Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(2) [ECF No. 11]. The motions were referred to Magistrate Judge R. Steven Whalen for a Report and Recommendation under 28 U.S.C. § 636(b)(1)(B).
In a Report and Recommendation ("R&R") dated February 28, 2019 Magistrate Judge Whalen recommended that Defendants Dimon, Lake and Directors Welcon, Raymond, Neal, Jackson, Hobson, Flynn, Burke, Crown, Bell, Combs and Bammann's Motion to Dismiss be granted, and that they be dismissed with prejudice and on March 1, 2019, Magistrate Judge Whalen issued another Report and Recommendation ("R&R") dated March 1, 2019 recommending that Defendant JPMorgan Chase Bank, N.A.'s Motion to Dismiss be granted and the complaint be dismissed with prejudice.
In his R&R, the Magistrate Judge informed the parties that objections to the R&R's needed to be filed within 14 days of service and that a party's failure to file objections would waive any further right of appeal. (ECF No. 60 at 7) (ECF No. 61 at 6). Neither party filed an objection. Because no objection has been filed in this case, the parties waived their right to de novo review and appeal. Moreover, this Court agrees with the thorough analysis contained in the R&R.
Accordingly, the Court ADOPTS the Magistrate Judge's recommendation (ECF No. 60) that Defendants James Dimon, Marianne Lake, William C. Weldon, Lee R. Raymond, Michael Neal, Laban Jackson, Jr., Mellody Hobson, Timothy P. Flynn, Stephen B. Burke, James S. Crown, James A. Bell, Todd A. Combs, and Linda B. Bammann's Motion to Dismiss is GRANTED, and the defendants are DISMISSED WITH PREJUDICE. The Court also ADOPTS the Magistrate Judge's recommendation (ECF No. 61) that Defendant JPMorgan Chase Bank, N.A.'s Motion to Dismiss is GRANTED and the complaint is DISMISSED WITH PREJUDICE.
IT IS SO ORDERED.
