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, )
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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