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Bath v. American Express National Bank, 1:19-cv-00606-RM-NYW. (2019)

Court: District Court, D. Colorado Number: infdco20191010910 Visitors: 12
Filed: Oct. 07, 2019
Latest Update: Oct. 07, 2019
Summary: ORDER RAYMOND P. MOORE , District Judge . This matter is before the Court on the August 20, 2019, recommendation of United States Magistrate Judge Nina Y. Wang (ECF No. 132) to construe Plaintiff's motion to dismiss (ECF No. 130) as a notice of dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) as to Defendants J.P. Morgan Chase National Corporate Services and Synchrony Bank. The Court accepts and adopts the recommendation and incorporates it herein by reference, see 28 U.S.C. 636(b)(
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ORDER

This matter is before the Court on the August 20, 2019, recommendation of United States Magistrate Judge Nina Y. Wang (ECF No. 132) to construe Plaintiff's motion to dismiss (ECF No. 130) as a notice of dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) as to Defendants J.P. Morgan Chase National Corporate Services and Synchrony Bank. The Court accepts and adopts the recommendation and incorporates it herein by reference, see 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b).

The recommendation advised the parties that specific written objections were due within fourteen days after being served with a copy of the recommendation. No party has filed an objection, and the time to do so has expired. "In the absence of a timely objection, the district court may review a magistrate's report under any standard it deems appropriate." Summers v. State of Utah, 927 F.2d 1165, 1167 (10th Cir. 1991).

The magistrate judge noted that Defendants J.P. Morgan Chase National Corporate Services and Synchrony Bank have not filed responsive pleadings. The magistrate judge further noted that Defendants PayPal, Inc., TD Bank, USA, N.A., and American Express National Bank have filed motions for attorney fees that remain pending. (ECF Nos. 125, 126, 129.) The Court discerns no clear error on the face of the record with respect to the magistrate judge's recommendation and concludes her analysis was thorough and sound.

Accordingly, the Court ACCEPTS and ADOPTS the recommendation (ECF No. 132), ORDERS that the claims against Defendants J.P. Morgan Chase National Corporate Services and Synchrony Bank are DISMISSED, and otherwise DENIES AS MOOT Plaintiff's motion to dismiss (ECF No. 130).

Source:  Leagle

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