Yeager et al v. Ocwen Loan Servicing, LLC

Filing 24

ORDERED as follows: (1) Defendant's objection (doc. no. 18 ) is overruled. (2) The United States Magistrate Judge's recommendation (doc. no. 17 ) is adopted. (3) Defendant's motion to dismiss (doc. no. 7 ) is denied, albeit with lea ve to renew its arguments in a motion for summary judgment. (4) Defendant's alternate motion for certification pursuant to 28 U.S.C. § 1292(b) (doc. no. 18 ) is denied. (5) This case is referred back to the magistrate judge for further proceedings Signed by Honorable Judge Myron H. Thompson on 9/30/2015. (Attachments: # 1 Civil Appeals Checklist)(kh, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION
RICHARD A. YEAGER and
DEANA J. YEAGER,
individually and on behalf
of a class of similarly
situated individuals,
Plaintiffs,
v.
OCWEN LOAN SERVICING, LLC,
Defendant.

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CIVIL ACTION NO.
1:14cv117-MHT
(WO)

ORDER
After an independent and de novo review

of the

record, it is ORDERED as follows:
(1) Defendant’s

objection

(doc.

no.

18)

is

overruled.
(2) The

United

States

Magistrate

Judge's

recommendation (doc. no. 17) is adopted.
(3) Defendant’s motion to dismiss (doc. no. 7) is
denied, albeit with leave to renew its arguments in a
motion for summary judgment.

(4) Defendant’s alternate motion for certification
pursuant

to

28

U.S.C.

§

1292(b)

(doc.

no.

18)

is

denied.
(5) This case is referred back to the magistrate
judge for further proceedings.
DONE, this the 30th day of September, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE