Donna v. Countrywide Mortgage et al

Filing 54

FINAL JUDGMENT by Clerk on 01/25/16 in favor of Countrywide Mortgage aka BOFA, BOFA N.A. and Nationstar Mortgage against Linda Faye J. Donna re: 53 Order on Motion to Dismiss for Failure to State a Claim signed by Magistrate Judge Craig B. Shaffer. (nmarb, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 14-cv-03515-CBS LINDA FAYE J. DONNA, Plaintiff, v. COUNTRYWIDE MORTGAGE a.k.a. BOFA, BOFA, N.A., a Nationally Chartered Bank, and NATIONSTAR MORTGAGE, a Nationally Servicing Company Defendant. FINAL JUDGMENT PURSUANT to and in accordance with Fed. R. Civ. P. 58(a) and the Orders entered during the course of proceedings in this case, the following FINAL JUDGMENT is hereby entered. I. PURSUANT to and in accordance with the Memorandum Opinion and Order entered by the Honorable Craig B. Shaffer, on December 28th, 2015, incorporated herein by reference, it is ORDERED that Defendant Nationstar Mortgage’s Motion to Dismiss Plaintiff’s Second Amended Complaint Pursuant to Fed. R. Div.P. 12(b)(6) (filed June 1, 2015) (Doc. #31) and Defendant Bank of America, N.A.’s Motion to Dismiss pursuant to Fed.R.Civ. P. 12(b)(1) and (b)(6) (filed June 15, 2015) (Doc. #36) are GRANTED and this civil action is dismissed for lack of subject matter jurisdiction over Plaintiff’s Sixth Claim for Relief and for failure to state a claim to which relief can be granted. It is FURTHER ORDERED that without any objection by Plaintiff, the court GRANTS Defendant Nationstar’s Request for Judicial Notice in Support of its Motion to Dismiss Plaintiff’s Second Amended Complaint Pursuant to Fed.R. Civ.P. 12(b)(6) (filed on June 1, 2015) (Doc #32) . FURTHER ORDERED that final judgment is hereby entered in favor of Defendants, Nationstar Mortgage and Bank of America, N.A. , and against Plaintiff Linda Faye J. Donna. FURTHER ORDERED that each party will pay its own costs and fees associated with this action. DATED at Denver, Colorado this 25th day of January, 2016. FOR THE COURT: JEFFREY P. COLWELL, CLERK s/N. Marble N. Marble, Deputy Clerk 2

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