SUNTRUST BANK v. O'BRIEN

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATION - re 10 Report and Recommendation; Defendant's 7 "Motion to Dismess [sic] Under Rule 12(B) for Lack of Jurisdiction, Improper Venue, Insuffecient [sic] Service of Process, or Failure to State a Claim" is DENIED. Signed by SENIOR JUDGE ROGER VINSON on May 18, 2009.(cc: O'Brien) (cbj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION SUNTRUST BANK, Plaintiff, vs. NANCY RENEE O'BRIEN, Defendant. ____________________________/ ORDER This cause comes on for consideration upon the magistrate judge's report and recommendation dated April 15, 2009 (Doc. 10). The parties have been furnished a copy of the report and recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of all timely filed objections. Having considered the report and recommendation, and any timely filed objections thereto timely filed, I have determined that the report and recommendation should be adopted. Accordingly, it is now ORDERED as follows: 1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order. 2. Defendant's "Motion to Dismess [sic] Under Rule 12(B) for Lack of Jurisdiction, Improper Venue, Insuffecient [sic] Service of Process, or Failure to State a Claim" (Doc. 7) is DENIED. DONE AND ORDERED this 18th day of May, 2009. Case No. 3:09cv85/RV/EMT

/s/

Roger Vinson

ROGER VINSON SENIOR UNITED STATES DISTRICT JUDGE