KFH Realty, LLC et al v. Wells Fargo Bank, N.A.

Filing 125

OPINION. Signed by Honorable Judge Myron H. Thompson on 11/16/12. (scn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

KFH REALTY, LLC and KIM
F. HENDERSON,

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Plaintiffs,
v.
WELLS FARGO BANK, N.A.,
Defendant.

CIVIL ACTION NO.
2:11cv278-MHT
(WO)

OPINION
The plaintiffs assert state-law claims of fraud,
suppression,

breach

of

contract,

wantonness against defendant.
the

court

on

recommendation

the
that

United

negligence,

and

This lawsuit is now before
States

defendant’s

Magistrate
motion

for

Judge’s
summary

judgment be denied, defendant’s motion to dismiss be
granted, and this case be dismissed without prejudice.
Also before the court are defendant’s objections to the
recommendation.

After an independent and de novo review

of the record, the court concludes that the objections
should be overruled and the recommendation adopted.

An appropriate judgment will be entered.
DONE, this the 16th day of November, 2012.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE