Ulberg et al v. Bank of America et al

Filing 3

ORDER ADOPTING THE BANKRUPTCY JUDGE'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW signed by Judge John A. Mendez on 2/7/14. BANA Defendants' MOTION for Summary Judgment is GRANTED and Defendants Pacific Crest and Mudgett's REQUEST for Summary Judgment is DENIED.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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In Re:

No. 2:13-cv-02219 JAM

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G. WENDELL ULBERG, JR. AND
KATHLEEN M. ULBERG,

Bankruptcy No. 10-53637-E-13
Adv. No. 11-2122

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Debtor(s),
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G. WENDELL ULBERG, JR. AND
KATHLEEN M. ULBERG,

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ORDER ADOPTING THE BANKRUPTCY
JUDGE’S PROPOSED FINDINGS OF
FACT AND CONCLUSIONS OF LAW

Plaintiffs,
v.

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Bank of America, N.A. et al.,
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Defendants.
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On March 15, 2011, Plaintiffs G. Wendell Ulberg, Jr. and

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Kathleen M. Ulberg (collectively “Plaintiffs”), who are also

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Chapter 13 Debtors in a bankruptcy case pending before the

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Bankruptcy Court, filed a First Amended Complaint (“FAC”).

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defendants, Defendants Bank of America, N.A. and ReconTrust

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Company, N.A. (collectively the “BANA Defendants”), moved for

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summary judgment on all causes of action stated against them in

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the FAC.

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Defendants Pacific Crest Partners, Inc. (“Pacific Crest”), and

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Plaintiffs filed an opposition to the motion.

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John Mudgett (“Mudgett”), who are not parties to BANA Defendants’

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motion, filed a response without any evidence, arguing that the

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Bankruptcy Court should grant them summary judgment as well.

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Pursuant to 28 U.S.C. § 157(c)(1), on October 22, 2013, the

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Bankruptcy Court submitted its proposed findings of fact and

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conclusions of law to this Court for review, in which it granted

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BANA Defendants’ motion for summary judgment in its entirety and

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denied Defendants Pacific Crest and Mudgett’s request for summary

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judgment (Doc. #1).

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The district court reviews de novo a bankruptcy judge’s

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proposed findings of fact and conclusions of law as to “those

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matters to which any party has timely and specifically objected.”

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28 U.S.C. § 157(c)(1); see also Fed. R. Bankr. P. 9033(d).

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Objections are due within 14 days after being served with a copy

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of the proposed findings of fact.

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objections have been filed in this case.

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Fed. R. Bankr. P. 9033(b).

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Upon de novo review, the Court finds the proposed findings

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of fact and conclusions of law to be supported by the record and

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by proper analysis.

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Judge’s proposed findings of fact and conclusions of law (Doc.

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#1) and, accordingly, GRANTS BANA Defendants’ motion for summary

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judgment and DENIES Defendants Pacific Crest and Mudgett’s

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request for summary judgment.

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Therefore, the Court ADOPTS the Bankruptcy

IT IS SO ORDERED.

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Dated:

February 7, 2014

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