Tesi v. ReconTrust NA et al

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATION. 17 Report and Recommendation is accepted and adopted, 14 Motion to Dismiss Case is granted. Plaintiff's Complaint is dismissed with prejudice. The Clerk of Court shall enter judgment and close the file in this matter. Signed by Judge Jennifer G Zipps on 6/11/2013. (BAR)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Barbara S. Tesi, a widow and unmarried, )
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Plaintiff,
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vs.
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ReconTrust, N.A., a California)
corporation; Bank of America, N.A., a)
foreign corporation doing business in the)
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State of Arizona,
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Defendants.
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No. 12-00621-TUC-JGZ
ORDER

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Pending before the Court is a Report and Recommendation issued by United States

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Magistrate Judge Bernardo P. Velasco that recommends granting Defendant’s Motion to

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Dismiss. (Doc. 17.)

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recommendation.

Plaintiff has not filed an objection to the Magistrate Judge’s

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The Court reviews de novo the objected-to portions of the Report and

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Recommendation. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). The Court reviews for clear

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error the unobjected-to portions of the Report and Recommendation. Johnson v. Zema

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Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); see also Conley v. Crabtree, 14 F. Supp.

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2d 1203, 1204 (D. Or. 1998).

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recommendation for clear error.

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Thus, the Court will review the Magistrate Judge’s

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As thoroughly explained by Magistrate Judge Velasco, Plaintiff’s claims for relief

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have been firmly rejected by courts in Arizona. Because amendment would be futile, the

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Court agrees with the Magistrate Judge that Plaintiff’s Complaint should be dismissed with

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prejudice.

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Accordingly, IT IS HEREBY ORDERED as follows:

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(1) The Report and Recommendation (Doc. 17) is accepted and adopted.

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(2) Defendants’ Motion to Dismiss (Doc. 14) is granted.

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(3) Plaintiff’s Complaint is dismissed with prejudice.

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(3) The Clerk of the Court shall enter judgment accordingly and close the file in this

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matter.
Dated this 11th day of June, 2013.

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