Elliott v. Specialized Loan Servicing, LLC

Filing 46

ORDER APPROVING AND ADOPTING 40 Non-Final Report and Recommendations and GRANTING IN PART AND DENYING IN PART 5 Motion to Dismiss for Failure to State a Claim allowing some counts to proceed and dismissing without prejudice remaining claims. Par ties are DIRECTED to contact Judge Larkins' chambers within 5 days of this order and to submit proposed dates for holding an in-person scheduling conference to address pretrial matters. Signed by Judge Thomas W. Thrash, Jr. on 8/2/17. (jkl) Modified to add text on 8/3/2017 (jkl).

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
NANCY L. ELLIOTT,
Plaintiff,
v.

CIVIL ACTION FILE
NO. 1:16-CV-4804-TWT

SPECIALIZED LOAN SERVICING,
LLC,
Defendant.
ORDER

This is a wrongful foreclosure action. It is before the Court on the Report and
Recommendation [Doc. 40] of the Magistrate Judge recommending granting in part
and denying in part the Defendant’s Motion to Dismiss [Doc. 5]. The Plaintiff’s
Objections to the Report and Recommendation are without merit for the reasons stated
by the Magistrate Judge in his thorough and well-reasoned Report and
Recommendation. The Court approves and adopts the Report and Recommendation
as the judgment of the Court. The Defendant’s Motion to Dismiss [Doc. 5] is
GRANTED in part and DENIED in part.

T:\ORDERS\16\Elliott\r&r.wpd

SO ORDERED, this 2 day of August, 2017.

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

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