Springer et al v. Wells Fargo Bank, N.A.(MAG+)

Filing 29

ORDER as follows: 1. The Plaintiffs' objections (Doc. 27 ) be and are hereby OVERRULED. 2. The Recommendation of the Magistrate Judge (Doc. 26 ) be and is hereby ADOPTED. 3. The motion of Defendant Sirote & Permutt, P.C., to dismiss (Doc. [ 7]) be and is hereby GRANTED and Defendant Sirote & Permutt, P.C., be and is hereby DISMISSED as a party to this action. 4. The motion of Defendant Wells Fargo Bank, N.A., to dismiss (Doc. 11 ) be and is hereby GRANTED and Defendant Wells Fargo Bank , N.A., be and is hereby DISMISSED as a party to this action. 5. The motion of Defendant Vernon Barnett, in his capacity as Commissioner of the Alabama Department of Revenue, to dismiss (Doc. 13 ) be and is hereby GRANTED and Defendant Vernon Barnet t, in his capacity as Commissioner of the Alabama Department of Revenue, be and is hereby DISMISSED as a party to this action. 6. Costs be and are taxed against Plaintiff. A final judgment will be entered separately. Signed by Honorable Judge Emily C. Marks on 9/13/2018. (dmn, )

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IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION JEANETTA SPRINGER and JACOB SPRINGER, Plaintiffs, v. WELLS FARGO BANK, N.A., et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) Case No. 2:17-cv-693-ECM-WC ORDER Now pending before the court is the Recommendation of the Magistrate Judge (Doc. 26) which recommends that the motions to dismiss filed by the respective Defendants (Doc. 7, 11, & 13) be granted and that Plaintiffs’ Complaint (Doc. 1) be dismissed. On July 30, 2018, the Plaintiffs filed objections to the Recommendation. (Doc. 27). The court has conducted an independent and de novo review of those portions of the Recommendation to which objections have been made. See 28 U.S.C. § 636(b). The court finds the objections to be without merit and due to be overruled. Accordingly, it is ORDERED as follows: 1. The Plaintiffs’ objections (Doc. 27) be and are hereby OVERRULED. 2. The Recommendation of the Magistrate Judge (Doc. 26) be and is hereby ADOPTED. 3. The motion of Defendant Sirote & Permutt, P.C., to dismiss (Doc. 7) be and is hereby GRANTED and Defendant Sirote & Permutt, P.C., be and is hereby DISMISSED as a party to this action. 4. The motion of Defendant Wells Fargo Bank, N.A., to dismiss (Doc. 11) be and is hereby GRANTED and Defendant Wells Fargo Bank, N.A., be and is hereby DISMISSED as a party to this action. 5. The motion of Defendant Vernon Barnett, in his capacity as Commissioner of the Alabama Department of Revenue, to dismiss (Doc. 13) be and is hereby GRANTED and Defendant Vernon Barnett, in his capacity as Commissioner of the Alabama Department of Revenue, be and is hereby DISMISSED as a party to this action. 6. Costs be and are taxed against Plaintiff. A final judgment will be entered separately. DONE and ORDERED this 13th day of September 2018. /s/ Emily C. Marks EMILY C. MARKS UNITED STATES DISTRICT JUDGE

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