Gallaher et al v. Deutsche Bank National Trust Company et al

Filing 92

ORDER adopting 91 REPORT AND RECOMMENDATIONS re 85 MOTION for miscellaneous relief, specifically Drop Deutsche Bank, Shellpoint and SPS With Prejudice filed by Shellpoint Mortgage Servicing, Deutsche Bank National Trust Co mpany, Select Portfolio Services. The Clerk is DIRECTED to TERMINATE Deutsche Bank National Trust Company, Shellpoint Mortgage Servicing, and Select Portfolio Servicing Inc. as parties. Signed by Judge Roy B. Dalton, Jr. on 6/13/2018. (ctp)(JLC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
DEBORAH L. GALLAHER; and KEVIN
JOHN GALLAHER,
Plaintiffs,
v.

Case No. 6:18-cv-34-Orl-37TBS

DEUTSCHE BANK NATIONAL TRUST
COMPANY; ESTATES AT ALOMA
WOODS HOMEOWNERS
ASSOCIATION, INC.; SHELLPOINT
MORTGAGE SERVICING; and SELECT
PORTFOLIO SERVICING INC.,
Defendants.
_____________________________________
ORDER
Before the Court is Plaintiffs’ Agreed Motion to Drop Defendants Deutsche Bank
National Trust Company, Shellpoint Mortgage Servicing, and Select Portfolio Servicing
Inc. with Prejudice (collectively, “Defendants”) pursuant to Federal Rule of Civil
Procedure 21. (Doc. 85 (“Motion”).) As grounds, the parties represent that they have
reached a confidential settlement. (Id. at 1.) On referral, U.S. Magistrate Judge Thomas B.
Smith recommends that the Court grant the Motion and drop Defendants from this
action. (Doc. 91 (“R&R”).)
No party objected to the R&R, and the time for doing so has now passed. Absent
objections, the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo
Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan. 28, 2016); see
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also Marcort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding no clear error, the
Court concludes that the R&R is due to be adopted in its entirety.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1.

U.S. Magistrate Judge Thomas B. Smith’s Report and Recommendation
(Doc. 91) is ADOPTED, CONFIRMED, and made a part of this Order.

2.

Plaintiffs’ Agreed Motion to Drop Defendants Deutsche Bank National
Trust Company, Shellpoint Mortgage Servicing and Select Portfolio
Servicing Inc. with Prejudice (Doc. 85) is GRANTED.

3.

Defendants Deutsche Bank National Trust Company, Shellpoint Mortgage
Servicing, and Select Portfolio Servicing are DROPPED from this case with
prejudice.

4.

The Clerk is DIRECTED to TERMINATE Deutsche Bank National Trust
Company, Shellpoint Mortgage Servicing, and Select Portfolio Servicing
Inc. as parties.

DONE AND ORDERED in Chambers in Orlando, Florida, on June 13, 2018.

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Copies to:
Counsel of Record

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