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
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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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