Ponder v. Ocwen Loan Servicing, LLC et al

Filing 61

OPINION and ORDER ADOPTING the 56 Non-final Report and Recommendations. The Defendant's 35 Motion to Dismiss for Failure to State a Claim is hereby DEEMED MOOT. Signed by Judge Orinda D. Evans on 2/5/2018. (sap)

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;.:;,. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION ·~~>·· :• FEB 0 6 2018 JatttW .,.,. tk:W.eft. \:.:Jletfl ~~-- FRED PONDER, ·--· Plaintiff CIVIL ACTION FILE NO. 1:16-CV-4125-0DE-LTW v. OCWEN LOAN SERVICING, LLC, Defendant ORDER This civil case is before the Court on the Non-Final Report and Recommendation of United States Magistrate Judge Linda T. filed December 11, 201 7 [Doc. 56] ( "R&R") . Walker No objections have been filed. In the R&R, Judge Walker recommends that Defendant's Motion to Dismiss [Docs. 35] be deemed moot because the motion requests dismissal of Plaintiff's first amended complaint [Doc. 16] which is no longer the operative pleading in light of Plaintiff's second amended complaint filed November 6, 2017 [Doc. 53] 1 • The Court having read and considered the R&R and noting the absence of any objections, it is hereby ADOPTED as the opinion and order of the Court. For the reasons set forth in the R&R, Defendant's Motion to Dismiss [Doc. 35] is DEEMED MOOT. SO ORDERED, this ~ day of February, 2018. LL:-~, ORINDA D. EVANS UNITED STATES DISTRICT JUDGE Defendant filed a motion to dismiss the second amended complaint on November 20, 2017 [Doc. 54]. 1 ~

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