Bishop et al v. Bank of America NA et al

Filing 38

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; denying 30 Motion for Hearing; adopting Report and Recommendations re 35 Report and Recommendations.; granting 7 Motion to Dismiss ; granting 20 Motion to Dismiss for Failure to State a Claim. Signed by Judge Dee Benson on 5/1/12. (jlw)

f\LEO \N UNliEO STATES DISTRICT COURT, DISTR\CT OF UTAH MAY 0' 2012 o. MARK JONES. CLERK ~'----~D~E~pu~nVNc~~RK~---- IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION SCOTT R. BISHOP and KELLENE E. BISHOP, ORDER ADOPTING REPORT & RECOMMENDATION Plaintiffs, vs. BANK OF AMERICA, N.A., BAC HOME LOANS SERVICING, L.P.; WILSHIRE CREDIT CORPORATION; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; DAVID B. BOYCE, PLLC; and DOES 1-10, Case No. 2:11-cv-780 Judge Dee Benson Defendants. Before the court is the Report and Recommendation issued by United States Magistrate Judge Paul M. Warner on Apri116, 2012, recommending that this court: (1) deny Plaintiffs' motion for a hearing; (2) grant Defendants' motion to dismiss; and (3) dismiss Plaintiffs' complaint with prejudice. The parties were notified of their right to file objections to the Report and 1 Recommendation within fourteen (14) days after receiving it. On April 30, 2012, Plaintiffs filed "Plaintiffs' Objection to Report and Recommendation of Magistrate Judge Paul M. Warner" (Dkt. No. 36). Having reviewed all relevant materials, including the record that was before the magistrate judge, and the reasoning set forth in the magistrate judge's Report and Recommendation, the court agrees with the analysis and conclusion of the magistrate judge. Accordingly, the court ADOPTS the Report and Recommendation and issues the following Order. Plaintiffs' motion for a hearingl is DENIED. The Defendants' Motion to Dismiss2 is GRANTED. Plaintiffs' complaint in this case shall be DISMISSED WITH PREJUDICE. The Clerk ofthe Court shall enter judgment against Plaintiffs and close this case. DATED this 1't day of May, 2012. Dee Benson United States District Judge docket no. 30. docket nos. 7,20. 2