Boswell et al v. BayRock Mortgage Corporation et al (MAG+)

Filing 32

ORDER: It is the ORDER, JUDGMENT, and DECREE of the court that: 1. The plaintiffs' 31 Objections to the Recommendation of the Magistrate Judge filed on 2/3/2012, are overruled; 2. The 30 Recommendation of the Magistrate Judge entered on 1/19 /2012 is adopted; 3. The defendants' Motions to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) are GRANTED. 4. To the extent Real Time Resolutions moves to dismiss this case pursuant to Ala.R. Civ. P. 12(b)(6), the Motion to Dismiss is DENIED as moot due to the removal of this case from state to federal court. Signed by Honorable Judge Mark E. Fuller on 2/8/2012. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
BARRY BOSWELL, et al.,
Plaintiffs,
v.
BAYROCK MORTGAGE COMPANY,
et al.,
Defendants.

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Case No. 2:11-cv-0821-MEF
(WO)

ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and DECREE
of the court that:
1. The plaintiffs’ objections (Doc. #31) to the Recommendation of the Magistrate
Judge filed on February 3, 2012, are overruled;
2. The Recommendation of the Magistrate Judge (Doc. #30) entered on January 19,
2012, is adopted;
3. The defendants’ Motions to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) is
GRANTED.
4. To the extent Real Time Resolutions moves to dismiss this case pursuant to Ala.
R. Civ. P. 12(b)(6), the Motion to Dismiss is DENIED as moot due to the removal of this
case from state to federal court.
th

DONE this the 8 day of February, 2012.

/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE