Federal Home Loan Mortgage Corporation v. Anchrum et al

Filing 35

ORDER ADOPTING 28 REPORT AND RECOMMENDATIONS and 33 SUPPLEMENTAL REPORT AND RECOMMENDATIONS. Wells Fargo and Freddie Mac's 10 motion to dismiss Counts 3 and 5 of the counterclaim are GRANTED - Counts 3 and 5 of the counterclaim are DISMIS SED WITH PREJUDICE; Wells Fargo's motion to dismiss Count 7 of the Counterclaim is GRANTED - Count 7 of the counterclaim is DISMISSED WITH PREJUDICE; the motion to dismiss Count 7 with respect to Freddie Mac and UGC is MOOT as they are not named as counterclaim defendants in that Count. UGC's 12 Motion to Dismiss is GRANTED - all claims asserted against them are DISMISSED WITH PREJUDICE. Signed by Judge Abdul K Kallon on 5/22/2015. (YMB)

FILED
2015 May-22 PM 12:41
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

FEDERAL HOME LOAN
MORTGAGE CORPORATION,
Plaintiff,
v.
NORMAN D. ANCHRUM, JR.,
et al.,

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Civil Action Number
2:14-cv-02129-AKK

Defendants.

ORDER
On April 10, 2015, the magistrate judge entered a report and
recommendation, doc. 28, regarding plaintiff-counterclaim defendant Federal
Home Loan Mortgage Corporation (“Freddie Mac”) and counterclaim defendant
Wells Fargo Bank N.A.’s (“Wells Fargo”) motion for partial dismissal, doc. 10,
which counterclaims defendants United Guaranty Residential Insurance Company
and United Guaranty Residential Insurance Company of North Carolina
(collectively “UGC”) joined and adopted, doc. 12, and the parties were allowed
fourteen (14) days in which to file objections t o the recommendations made by the

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magistrate judge. On April 15, 2015, counterclaim defendants UGC filed
objections to the magistrate judge’s report and recommendation. Doc. 30. After
considering UGC’s objections, on April 28, 2015 the magistrate judge entered a
supplemental report and recommendation, doc. 33, and again allowed the parties
fourteen (14) days in which to file objections. No party filed objections.
Having reviewed the pleadings, the briefs, the magistrate’s report and
recommendation, and the magistrate’s supplemental report and recommendation,
the court hereby ADOPTS the report of the magistrate judge. The court further
ACCEPTS the following recommendations of the magistrate judge:
•

UGC’s motion to dismiss is GRANTED and all claims asserted against
them are DISMISSED WITH PREJUDICE.

•

Wells Fargo and Freddie Mac’s motion to dismiss Counts Three and Five of
the counterclaim are GRANTED. Counts Three and Five of the
counterclaim against Wells Fargo are DISMISSED WITH PREJUDICE.

•

Wells Fargo’s motion to dismiss Count Seven of the counterclaim is
GRANTED. Count Seven of the counterclaim against Wells Fargo is
DISMISSED WITH PREJUDICE.

•

The motions to dismiss Count Seven with respect to Freddie Mac and UGC
is MOOT in that Counter Seven is not pleaded against them; they are not
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named as counterclaim defendants in that Count.
DONE this 22nd day of May, 2015.
________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

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