Federal Home Loan Mortgage Corporation v. Davis (MAG+)

Filing 42

JUDGMENT directing that, in accordance with the 41 memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Defendant Glissean Davis Crittenden's objections (doc. nos. 37 & 38 ) are overruled; (2) The United States Magistrate Judge's 36 recommendation is adopted; further ORDERED as follows: (1) Defendant Crittenden's 8 motion to strike is denied; (2) Defendant Crittenden's 10 motion to amend is denied as moot; (3) Def endant Crittenden's 18 motion to dismiss is denied; (4) Plaintiff Federal Home Loan Mortgage Corporation's 27 motion for leave to file supplement is granted; (5) Plaintiff Federal Home Loan Mortgage Corporation's 29 motion for le ave to file supplement is granted; (6) Defendant Crittenden's 32 motion to compel is denied; further ORDERED as follows: (1) Defendant Crittenden's 31 motion to dismiss and motion for sanctions are denied; (2) Defendant Crittenden' s 33 motion for sanctions and motion to dismiss are denied; (3) Plaintiff Federal Home Loan Mortgage Corporation's 20 motion for sanctions is denied; (4) Plaintiff Federal Home Loan Mortgage Corporation's 4 motion to dismiss and 20 renewed motion to dismiss are granted; and defendant Crittenden's counterclaim complaint is dismissed with prejudice; 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 FR CP; this case is not closed; the case is remanded back to the magistrate judge as to plaintiff Federal Home Loan Mortgage Corporation's claims against defendant Crittenden. Signed by Honorable Judge Myron H. Thompson on 7/24/12. (Attachments: # 1 Civil Appeals Checklist)(scn, )

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

FEDERAL HOME LOAN
MORTGAGE CORPORATION,

)
)
)
Plaintiff,
)
)
v.
)
)
GLISSEAN DAVIS CRITTENDEN, )
)
Defendant.
)

CIVIL ACTION NO.
2:11cv729-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 Glissean Davis Crittenden’s objections
(doc. nos. 37 & 38) are overruled.
(2) The

United

States

Magistrate

Judge’s

recommendation (doc. no. 36) is adopted.
It is further ORDERED as follows:
(1) Defendant Crittenden’s motion to strike (doc.
no. 8) is denied.

(2) Defendant Crittenden’s motion to amend (doc. no.
10) is denied as moot.
(3) Defendant Crittenden’s motion to dismiss (doc.
no. 18) is denied.
(4) Plaintiff

Federal

Corporation’s

motion

Home

Loan

for

leave

Mortgage
to

file

supplement (doc. no. 27) is granted.
(5) Plaintiff

Federal

Corporation’s

motion

Home

Loan

for

leave

Mortgage
to

file

supplement (doc. no. 29) is granted.
(6) Defendant Crittenden’s motion to compel (doc.
no. 32) is denied.
It is further ORDERED as follows:
(1) Defendant Crittenden’s motion to dismiss and
motion for sanctions (doc. no. 31) are denied.
(2) Defendant Crittenden’s motion for sanctions and
motion to dismiss (doc. no. 33) are denied.

2

(3) Plaintiff

Federal

Home

Loan

Mortgage

Corporation’s motion for sanctions (doc. no. 20)
is denied.
(4) Plaintiff

Federal

Home

Loan

Mortgage

Corporation’s motion to dismiss (doc. no. 4) and
renewed motion to dismiss (doc. no. 20) are
granted;

and

defendant

Crittenden’s

counter-

claim complaint is dismissed with prejudice.
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 not closed.

The case is remanded back

to the magistrate judge as to plaintiff Federal Home Loan
Mortgage

Corporation’s

claims

against

defendant

Crittenden.
DONE, this the 24th day of July, 2012.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE