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LEWIS v. NationSTAR MORTGAGE, 14-10204. (2014)

Court: District Court, E.D. Michigan Number: infdco20140815m86 Visitors: 8
Filed: Aug. 12, 2014
Latest Update: Aug. 12, 2014
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S REPORTS AND RECOMMENDATIONS AND DENYING PLAINTIFF'S MOTION TO REMAND, GRANTING GINNIE MAE AND NATIONSTAR MORTGAGE'S MOTION TO DISMISS, GRANTING BANK OF AMERICA, N.A.'S MOTION TO DISMISS, AND GRANTING FANNIE MAE'S MOTION FOR SUMMARY JUDGMENT DAVID M. LAWSON, District Judge. Presently before the Court are the reports issued on July 25, 2014 by Magistrate Judge R. Steven Whalen pursuant to 28 U.S.C. 636(b), recommending that the Court deny the plaintiff's moti
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ORDER ADOPTING MAGISTRATE JUDGE'S REPORTS AND RECOMMENDATIONS AND DENYING PLAINTIFF'S MOTION TO REMAND, GRANTING GINNIE MAE AND NATIONSTAR MORTGAGE'S MOTION TO DISMISS, GRANTING BANK OF AMERICA, N.A.'S MOTION TO DISMISS, AND GRANTING FANNIE MAE'S MOTION FOR SUMMARY JUDGMENT

DAVID M. LAWSON, District Judge.

Presently before the Court are the reports issued on July 25, 2014 by Magistrate Judge R. Steven Whalen pursuant to 28 U.S.C. § 636(b), recommending that the Court deny the plaintiff's motion to remand, grant Ginnie Mae and Nationstar Mortgage's motion to dismiss, grant Bank of America, N.A.'s motion to dismiss, and grant Fannie Mae's motion for summary judgment. Although the report stated that the parties to this action could object to and seek review of the recommendation within fourteen days of service of the report, no objections have been filed thus far. The parties' failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge's report releases the Court from its duty to independently review the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the findings and conclusions of the magistrate judge.

Accordingly, it is ORDERED that the magistrate judge's reports and recommendations [dkt. #31, #32] are ADOPTED.

It is further ORDERED that the plaintiff's motion to remand [dkt. #13] is DENIED.

It is further ORDERED that the plaintiff's claims against Schneiderman & Sherman, P.C. are severed pursuant to Rule 21 of the Federal Rules of Civil Procedure and consolidated with case number 13-11693.

It is further ORDERED that Ginnie Mae and Nationstar Mortgage's motion to dismiss [dkt. #2] is GRANTED.

It is further ORDERED that Bank of America, N.A.'s motion to dismiss [dkt. #5] is GRANTED.

It is further ORDERED that Fannie Mae's motion for summary judgment [dkt. #11] is GRANTED.

Source:  Leagle

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