Filed: Dec. 29, 2014
Latest Update: Dec. 29, 2014
Summary: ORDER ANALISA TORRES , District Judge . To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before the Magistrate Judge, counsel for Defendant shall, by May 12, 2021, e-mail a fully executed Notice, Conse
Summary: ORDER ANALISA TORRES , District Judge . To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before the Magistrate Judge, counsel for Defendant shall, by May 12, 2021, e-mail a fully executed Notice, Consen..
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ORDER
ANALISA TORRES, District Judge.
To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned Magistrate Judge.
If all parties consent to proceed before the Magistrate Judge, counsel for Defendant shall, by May 12, 2021, e-mail a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at https://nysd.uscourts.gov/node/754 and attached to this order, to Orders_and_Judgments@nysd.uscourts.gov. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered.
If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by May 12, 2021, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences.
SO ORDERED.
FootNotes
1. The Magistrate Judge also recommended denial of the amended IFP motion in the related case. No. 6:13-CV-1983-TMC, ECF No. 73. The district judge in that case declined to adopt the Report and Recommendation and granted the amended motion to proceed IFP. Id., ECF No. 97 (October 31, 2014).
2. "Hearings on motions may be ordered by the Court in its discretion. Unless so ordered, motions may be determined without a hearing." Local Civil Rule 7.08 DSC.
3. The Magistrate Judge recommended dismissal of Plaintiff's RESPA claims. ECF No. 25 at 8-9. Plaintiff has filed no objection to the dismissal of the RESPA claims. Thus, the Court will adopt the Report and Recommendation with respect to the RESPA claims, which shall be dismissed.
4. In doing so, the Magistrate Judge considered documents outside the Complaint. As neither party has objected to the consideration of these materials, this Court will also consider these documents.
5. The Court also takes judicial notice of other cases recognizing the merger between BAC Home Loans Servicing, LP and Defendant in July 2011. See, e.g., Traber v. Bank of Am., No. 1:13-CV-184, 2014 WL 903173, at *2 (W.D.N.C. Mar. 7, 2014); Boyter v. Moynihan, No. 3:12-CV-586, 2013 WL 1349283, at *5 (W.D.N.C. Apr. 3, 2013).
6. Under these circumstances, granting Plaintiff leave to amend would be futile. See Norma J., 2013 WL 5673469, at *3.
7. In Plaintiff's related federal action, the district judge made the same determination after examining similar facts. See supra note 1.
