Yokomizo v. Deutsche Bank National Trust Company et al

Filing 33

ORDER ADOPTING AND AFFIRMING OCTOBER 21, 2011 31 RECOMMENDATION OF UNITED STATES JUDGE. Defendants' 12 , 19 Motions to Dismiss are granted. Federal claims in Plaintiff's Amended Complaint are dismissed with prejudice, but the state law claims therein are dismissed without prejudice. By Judge Christine M. Arguello on 11/30/11.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 11-cv-01630-CMA-KLM
NANETTE K. YOKOMIZO,
Plaintiff,
v.
DEUTSCHE BANK SECURITIES, INC., a Delaware corporation,
OPTION ONE MORTGAGE COMPANY d/b/a AMERICAN HOME MORTGAGE
SERVICING, INC., a Texas corporation, and
AT DAWN, LLC, a Colorado corporation,
Defendants.

ORDER ADOPTING AND AFFIRMING OCTOBER 21, 2011,
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

The above-entitled and numbered civil action was referred to United States
Magistrate Judge Kristen L. Mix pursuant to 28 U.S.C. § 636. (Doc. # 3.) On October
21, 2011, the Magistrate Judge issued a Recommendation (Doc. # 31), advising that the
motions to dismiss of Defendant At Dawn, LLC (Doc. # 12) and Defendants Deutsche
Bank National Trust Company and American Home Mortgage Servicing, Inc. (Doc.
# 19) be granted. The recommendation stated that “the parties shall have fourteen (14)
days . . . to serve and file any written objections in order to obtain reconsideration by the
District Judge to whom this case is assigned.” (Doc. # 31.) Plaintiff has not filed any
objections.

“In the absence of timely objection, the district court may review a magistrate’s
report under any standard it deems appropriate.” Summers v. Utah, 927 F.2d 1165,
1167 (10th Cir. 1991) (citing Thomas v. Arn, 474 U.S. 140, 150 (1985) (observing
that “[i]t does not appear that Congress intended to require district court review of a
magistrate’s factual or legal conclusions, under a de novo or any other standard, when
neither party objects to those findings”). Having reviewed the Recommendation, the
Court discerns no clear error on the face of the record and determines that the
Magistrate Judge’s reasoning is sound.
Accordingly, it is hereby ORDERED that the Recommendation of United States
Magistrate Judge Kristen L. Mix (Doc. # 31) is AFFIRMED and ADOPTED. Pursuant to
the Recommendation, it is
FURTHER ORDERED that Defendants’ motions to dismiss (Docs. # 12, 19) are
GRANTED. It is
FURTHER ORDERED that the federal claims in Plaintiff’s Amended Complaint
(Doc. # 2) are DISMISSED WITH PREJUDICE, but the state law claims therein are
DISMISSED WITHOUT PREJUDICE.
DATED: November

30

, 2011
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge
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