Spooner et al v. Wells Fargo Bank, N.A. et al

Filing 21

ORDER APPROVING AND ADOPTING 16 Final Report and Recommendation, GRANTING 2 / 5 Motions to Dismiss for Failure to State a Claim and DENYING 4 Motion to Remand to State Court/Motion for TRO and 19 Motion for Reconsideration. Signed by Judge Thomas W. Thrash, Jr on 9/25/17. (jkl)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
KELVIN A. SPOONER, et al.,
Plaintiffs,
v.

CIVIL ACTION FILE
NO. 1:16-CV-3754-TWT

WELLS FARGO BANK, N.A., et al.,
Defendants.
ORDER

This is a declaratory judgment action. It is before the Court on the Report and
Recommendation [Doc. 16] of the Magistrate Judge recommending granting the
Defendants’ Motions to Dismiss [Doc. 2 & 5]. This is the fifth lawsuit that has been
filed by the Plaintiffs regarding the foreclosure of their property. The action is barred
by res judicata for the reasons set forth in the thorough and well-reasoned Report and
Recommendation. The Plaintiffs’ Objections do not address the substance of the
grounds for dismissing the action. The Court approves and adopts the Report and
Recommendation as the judgment of the Court. The Plaintiffs’ Motion to Remand
[Doc. 4] is DENIED. The Court clearly had subject matter jurisdiction at the time that
the Complaint was removed. The Plaintiffs’ Motion for a Temporary Restraining
Order [Doc. 4] is DENIED for the reasons set forth in the Report and
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Recommendation. The Plaintiffs’ Motion for Reconsideration [Doc. 19] is without
merit and is DENIED.

SO ORDERED, this 25 day of September, 2017.

/s/Thomas W. Thrash
THOMAS W. THRASH, JR.
United States District Judge

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