Wildcat v. American West Development, Inc., 2:19-cv-01248-JAD-NJK. (2019)
Court: District Court, D. Nevada
Number: infdco20191205c73
Visitors: 12
Filed: Dec. 03, 2019
Latest Update: Dec. 03, 2019
Summary: Order Adopting Report and Recommendation, Dismissing Real Estate Settlement Procedures Act Claims, and Remanding Case [ECF Nos. 9, 35] JENNIFER A. DORSEY , District Judge . On November 15, 2019, Magistrate Judge Nancy Koppe evaluated Loan Depot's motion to dismiss this case 1 in which American West joins, 2 along with plaintiffs' response and Loan Depot's reply. In a report and recommendation, she recommends that I dismiss plaintiffs' claim under the Real Estate Settlement Procedures Act
Summary: Order Adopting Report and Recommendation, Dismissing Real Estate Settlement Procedures Act Claims, and Remanding Case [ECF Nos. 9, 35] JENNIFER A. DORSEY , District Judge . On November 15, 2019, Magistrate Judge Nancy Koppe evaluated Loan Depot's motion to dismiss this case 1 in which American West joins, 2 along with plaintiffs' response and Loan Depot's reply. In a report and recommendation, she recommends that I dismiss plaintiffs' claim under the Real Estate Settlement Procedures Act ..
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Order Adopting Report and Recommendation, Dismissing Real Estate Settlement Procedures Act Claims, and Remanding Case
[ECF Nos. 9, 35]
JENNIFER A. DORSEY, District Judge.
On November 15, 2019, Magistrate Judge Nancy Koppe evaluated Loan Depot's motion to dismiss this case1 in which American West joins,2 along with plaintiffs' response and Loan Depot's reply. In a report and recommendation, she recommends that I dismiss plaintiffs' claim under the Real Estate Settlement Procedures Act (RESPA) without leave to amend and remand to state court the remaining claims.3 The deadline for objections to that recommendation passed without objection or any request to extend the deadline to file one.4 "[N]o review is required of a magistrate judge's report and recommendation unless objections are filed."5
IT IS THEREFORE ORDERED that the magistrate judge's report and recommendation [ECF No. 35] is ADOPTED in full;
IT IS FURTHER ORDERED THAT the motion to dismiss [ECF No. 9] is GRANTED; Plaintiffs' RESPA claim is dismissed. The Clerk of Court is directed to REMAND this case back to state court, case No. A-19-797248-C, Department 13, for adjudication of the remaining state-law claims, and CLOSE THIS CASE.
FootNotes
1. ECF No. 9.
2. ECF No. 22.
3. ECF No. 35.
4. See id. ("Objections to R&R due by 11/29/2019").
5. Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).
Source: Leagle
