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

Filing 126

JUDGMENT directing that, in accordance with the 125 memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Defendant's 124 objections are overruled; (2) The United States Magistrate Judge 9;s 123 recommendation is adopted; (3) Defendant's 42 motion for summary judgment is denied; (4) Defendant's 116 motion to dismiss is granted; (5) This case is dismissed in its entirety without prejudice; further ORDERED that all othe r outstanding motions are denied as moot; further ORDERED that costs are taxed against plaintiffs, for which execution may issue; the clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Honorable Judge Myron H. Thompson on 11/16/12. (Attachments: # 1 Civil Appeals Checklist)(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)

JUDGMENT
In accordance with the memorandum opinion entered
this date, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) Defendant’s

objections

(doc.

no.

124)

are

overruled.
(2) The

United

States

Magistrate

Judge’s

recommendations (doc. no. 123) is adopted.
(3) Defendant’s motion for summary judgment (doc.
no. 42) is denied.

(4) Defendant’s motion to dismiss (doc. no. 116) is
granted.
(5) This case is dismissed in its entirety without
prejudice.
It is further ORDERED that all other outstanding
motions are denied as moot.
It is further ORDERED that costs are taxed against
plaintiffs, for which execution may issue.
The clerk of the court is DIRECTED to enter this
document on the civil docket as a final judgment pursuant
to Rule 58 of the Federal Rules of Civil Procedure.
This case is closed.
DONE, this the 16th day of November, 2012.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE