Macklin v. Hollingsworth et al
Filing
86
ORDER signed by Chief Judge Morrison C. England, Jr. on 12/24/2014 ORDERING that the 65 Findings and Recommendations are ADOPTED. Defendants Select Portfolio Servicing, Inc., Deutsche Bank National Trust Co., and Quality Loan Service Corporation 39;s 45 , 49 motions to dismiss the second amended complaint are GRANTED. Defendants Select Portfolio Servicing, Inc., Deutsche Bank National Trust Co., and Quality Loan Service Corporation are DISMISSED from this action WITH PREJUDICE. (Zignago, K.)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
JAMES L. MACKLIN,
12
13
14
15
No. 2:10-cv-1097-MCE-KJN
Plaintiff,
v.
ORDER
MATTHEW HOLLINGSWORTH, et al.,
Defendants.
16
17
On September 8, 2014, the magistrate judge filed findings and recommendations (ECF.
18
No. 65) herein which were served on the parties and which contained notice that any objections to
19
the findings and recommendations were to be filed within fourteen days. On September 22, 2014,
20
plaintiffs filed objections to the proposed findings and recommendations (ECF. No. 72). On
21
October 9, 2014, defendant Deutsche Bank National Trust (ECF No. 77) and defendant Quality
22
Loan Services Corporation (ECF No. 78) each filed a response to plaintiff’s objections, which
23
have been considered by the court.
24
This court reviews de novo those portions of the proposed findings of fact to which an
25
objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore
26
Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982); see
27
also Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009). As to any portion of the proposed
28
findings of fact to which no objection has been made, the court assumes its correctness and
1
1
decides the motions on the applicable law. See Orand v. United States, 602 F.2d 207, 208 (9th
2
Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See Britt v. Simi
3
Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983).
4
The court has reviewed the applicable legal standards and, good cause appearing,
5
concludes that it is appropriate to adopt the proposed findings and recommendations in full.
6
Accordingly, IT IS ORDERED that:
7
8
9
1. The Proposed Findings and Recommendations filed September 8, 2014, are
ADOPTED;
2. Defendants Select Portfolio Servicing, Inc., Deutsche Bank National Trust Co., and
10
Quality Loan Service Corporation’s motions to dismiss the second amended complaint (ECF Nos.
11
45, 49) are GRANTED; and
12
13
3. Defendants Select Portfolio Servicing, Inc., Deutsche Bank National Trust Co., and
Quality Loan Service Corporation are DISMISSED from this action WITH PREJUDICE.
14
15
DATED: December 24, 2014
16
17
18
__________
__________
___________
__________
____
MORRISON C. ENGL
N
LAND, JR, C
CHIEF JUDG
GE
UNITED ST
TATES DIS
STRICT COU
URT
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?