Federal Home Loan Mortgage Corporation v. Thomas et al (MAG2)

Filing 25

JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The US Magistrate Judge's 20 recommendation is adopted; (2) The 5 partial motion to dismiss is granted only as to Anthony Thomas's trespass claims against Fede ral Home Loan Mortgage Corporation and Wells Fargo Bank, N.A., and those claims are dismissed with prejudice. The motion to dismiss is denied as to the wrongful foreclosure claim against Wells Fargo Bank, N.A.; (3) No costs are taxed; DIRECTING the c lerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is not closed, and is referred back to the United States Magistrate Judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 2/13/2017. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
FEDERAL HOME LOAN MORTGAGE )
CORPORATION,
)
)
Plaintiff and
)
Counter-Defendant,
)
)
v.
)
)
ANTHONY THOMAS,
)
)
Defendant and
)
Counter-Claimant,
)
)
v.
)
)
WELLS FARGO BANK, N.A.,
)
)
Counter-Defendant.
)

CIVIL ACTION NO.
2:16cv742-MHT
(WO)

JUDGMENT
In accordance with the memorandum opinion entered
today, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) The

United

States

Magistrate

Judge's

recommendation (doc. no. 20) is adopted.
(2) The partial motion to dismiss (doc. no. 5) is
granted

only

as

against

Federal

to

Anthony

Home

Loan

Thomas’s
Mortgage

trespass

claims

Corporation

and

Wells Fargo Bank, N.A., and those claims are dismissed
with prejudice.
the

wrongful

The motion to dismiss is denied as to

foreclosure

claim

against

Wells

Fargo

Bank, N.A.
(3) No costs are taxed.
The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

as

a

Federal

final
Rules

judgment
of

Civil

Procedure.
This case is not closed, and is referred back to
the

United

States

Magistrate

Judge

for

further

proceedings.
DONE, this the 13th day of February, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE