Diaz-Amador et al v. Wells Fargo Home Mortgage Incorporated et al

Filing 17

ORDER ADOPTING 16 Report and Recommendations, IT IS ORDERED that Defendants Motion to Dismiss (Doc. 13) is GRANTEDwithout prejudice to Plaintiffs filing a Second Amended Complaint on or before March 16, and attempt to cure any pleadings infirmities. This action will be be referred back to the Magistrate Judge; all pleading should bear the following case number CV 11-243-TUC-DCB. Signed by Judge David C Bury on 02/23/12. (LMF)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE DISTRICT OF ARIZONA 6 7 8 Gabriel Diaz-Amador, et al., 9 Plaintiffs, 10 vs. 11 Wells Fargo Home Mortgages, et al., 12 Defendants. 13 ) ) ) ) ) ) ) ) ) ) CV-11-243-TUC-DCB ORDER 14 15 Magistrate Judge Estrada signed a Report and Recommendation on February 6, 2012, 16 recommending that the District Court grant the Defendants’ Motion to Dismiss Plaintiffs’ 17 First Amended Complaint and allow Plaintiffs leave to file a Second Amended Complaint. 18 A copy was sent to all parties on February 7, 2012, notifying all parties that written 19 objections must be filed within fourteen days of service. Fed.R.Civ.P. 72(b)(2). 20 objections to the Magistrate Judge’s Report and Recommendation have been filed. 21 Consequently, any objections that have not been raised are waived and will not be addressed 22 by the Court. No 23 The Court, having made an independent review of the record, orders as follows: 24 IT IS ORDERED that Magistrate Judge Estrada’s Report and Recommendation (Doc. 25 16) is ACCEPTED and ADOPTED by this Court as the findings of fact and conclusions of 26 law. 27 IT IS ORDERED that Defendants’ Motion to Dismiss (Doc. 13) is GRANTED 28 without prejudice to Plaintiffs filing a Second Amended Complaint on or before March 16, 1 2012 and attempt to cure any pleading infirmities. This action will not be referred back to 2 the Magistrate Judge, consequently all future filings should bear the following case number: 3 CV-11-243-TUC-DCB. 4 DATED this 23rd day of February, 2012. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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