Malifrando v. Real Time Resolutions, Inc. et al.

Filing 39

ORDER signed by District Judge Troy L. Nunley on 3/23/2017 ADOPTING 33 Findings and Recommendations in Full and GRANTING-IN-PART and DENYING-IN-PART 20 Motion to Dismiss. The Fraud and Misrepresentation claims are DISMISSED. Within 30 days of this order, Defendant Real Time is DIRECTED to file an answer to the RESPA claim as narrowly defined in the findings and recommendations. Defendant Long Beach Mortgage Company is DISMISSED. (Donati, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FRANK MALIFRANDO, 12 13 14 15 No. 2:16-cv-00223-TLN-GGH Plaintiff, v. ORDER REAL TIME RESOLUTIONS, INC., et al., Defendants. 16 17 Plaintiff is proceeding in this action in pro per. The matter was referred to a United States 18 Magistrate Judge pursuant to Local Rule 302(c)(21). 19 On November 29, 2016, the Magistrate Judge filed findings and recommendations which 20 were served on all parties and contained notice to all parties that any objections to the findings 21 and recommendations were to be filed within twenty days. (ECF No. 33.) Defendant Real Time 22 Resolutions, Inc. has filed objections to the findings and recommendations. (ECF No. 34.) 23 The Court has reviewed the file and finds the findings and recommendations to be 24 supported by the record and by the Magistrate Judge's analysis. 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. The findings and recommendations filed November 29, 2016, (ECF No. 33) are 27 adopted in full; 28 1 1 2 2. Defendant Real Time Resolution Inc.’s motion to dismiss the first amended complaint, filed September 6, 2016, (ECF No. 20) is granted in part and denied in part; 3 3. The fraud and misrepresentation claims are dismissed; 4 4. Within thirty days of this order, Defendant Real Time is directed to file an answer to 5 6 the RESPA claim as narrowly defined in the finding and recommendations; and 5. Defendant Long Beach Mortgage Company is dismissed. 7 8 9 Dated: March 23, 2017 10 11 12 Troy L. Nunley United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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