Muhammad v. HSBC Bank USA, N.A.

Filing 44

ORDER ADOPTING 42 REPORT AND RECOMMENDATIONS re MOTION to Dismiss filed by HSBC Bank USA, N.A., 41 MOTION for Default Judgment as to filed by Bernice Muhammad, 23 MOTION for Summary Judgment filed by Bernice Muhammad, 30 MOTION re 25 Order filed by Bernice Muhammad, 40 MOTION filed by Bernice Muhammad. For reasons set out, it is recommended that plaintiffs Motion for Summary Judgment (doc. 23) be DENIED; 2) plaintiffs Motion (doc. 30)concerning defendants failure to respond to plain tiffs restructuring proposal (doc. 27) be DENIED; 3) plaintiffs Motion (doc. 33) concerning defendants corporate disclosure be DENIED; 4) plaintiffs Motion to Reiterate (doc. 40) be STRICKEN; 5) plaintiffs Motion for Default Judgment (doc. 41) against Merrill Lynch be STRICKEN; 6) defendants Motion to Dismiss (doc. 24) be GRANTED; and 7) plaintiffs complaint be DISMISSED without prejudice. Signed by Judge Kristi K. DuBose on 9/15/09. (copy mailed to plaintiff) (cmj)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION BERNICE MUHAMMAD, Plaintiff, v. HSBC BANK USA, N.A., as Trustee for Merrill Lynch Mortgage Investors, Inc., Mortgage Loan Asset-Backed Certificates, Series 2002-HEI, Defendant. ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 09-00053-KD-N

ORDER After due and proper consideration of all pleadings in this file, and a de novo determination of those portions of the Report and Recommendation to which objection (Doc. 43) is made, the Report and Recommendation of the Magistrate Judge dated September 1, 2009 and made under 28 U.S.C. § 636 is ADOPTED as the opinion of this Court. It is accordingly ORDERED that: 1) Plaintiff's Motion for Summary Judgment (Doc. 23) is DENIED; 2) Plaintiff's Motion (Doc. 30) concerning Defendant's failure to respond to Plaintiff's restructuring proposal (Doc. 27) is DENIED; 3) Plaintiff's Motion concerning Defendant's corporate disclosure (Doc. 33) is DENIED; 4) Plaintiff's Motion to Reiterate (Doc. 40) is STRICKEN; 5) Plaintiff's Motion for Default Judgment against Merrill Lynch (Doc. 41) is STRICKEN; 6) Defendant's Motion to Dismiss (Doc. 24) is GRANTED; and 7) Plaintiff's Complaint is DISMISSED without prejudice. DONE and ORDERED this the 15th day of September 2009. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE