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)

;.:;,.

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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