PNC Bank v. Smith et al

Filing 111

ORDER signed by Judge John A. Mendez on 6/4/14 ORDERING that the Proposed Findings and Recommendations filed 3/6/14 94 are ADOPTED; Plaintiff's MOTION to DISMISS defendant Smith's Counterclaims 78 is GRANTED; Defendant Smith's coun terclaim is DISMISSED in its entirety with leave to amend; and Defendant Smith is GRANTED 30 days from the date of this order to file an amended pleading curing the deficiencies identified in the Magistrate Judge's Findings and Recommendations.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PNC BANK, N.A., a National Association,
as successor in interest to National City
Bank,

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Plaintiff,

No. 2:10-cv-1916-JAM-EFB PS

ORDER

v.
BELINDA L. SMITH, in personam;
JACOB WINDING, in personam; B & B
DREAMIN’, Hull No. GMKD283C505
(the “Vessel”), its engines, machinery,
appurtenances, etc., in rem,

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Defendants.

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On March 6, 2014, the magistrate judge filed findings and recommendations herein which

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were served on the parties and which contained notice that any objections to the findings and

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recommendations were to be filed within fourteen days. No objections were filed.

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The court has reviewed the applicable legal standards and, good cause appearing,
concludes that it is appropriate to adopt the proposed Findings and Recommendations in full.

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Accordingly, IT IS ORDERED that:

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1. The proposed Findings and Recommendations filed March 6, 2014, are ADOPTED;

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2. Plaintiff’s motion to dismiss defendant Smith’s counterclaims, ECF No.

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78, is granted;

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3. Defendant Smith’s counterclaim is dismissed in its entirety with leave to amend; and

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4. Defendant Smith is granted 30 days from the date of this order to file an amended

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pleading curing the deficiencies identified in the magistrate judge’s findings and

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recommendations.

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DATED: June 4, 2014

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/s/ John A. Mendez__________________________

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UNITED STATES DISTRICT COURT JUDGE

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