FDIC v. Stewart et al

Filing 59

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 54 Report and Recommendations, granting 24 Motion to Dismiss Counterclaims, filed by FDIC. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

CADC-RADC VENTURE 2011-1, LLC,
a Delware LLC.,
Plaintiff,

Case No. 2:10-CV-00647-EJL-MHW
ORDER ADOPTING REPORT
AND RECOMMENDATION

v.
DAVID P. STEWARD and TERESA M.
STEWART, husband and wife,
Defendants.
___________________________
DAVID P. STEWARD and TERESA M.
STEWART, husband and wife,
Counterclaimants,
v.
FEDERAL DEPOSIT INSURANCE
COMPANY, as Receiver for Premier
Bank, a Missouri Banking Corporation,
Counterdefendant.

ORDER ADOPTING REPORT AND RECOMMENDATION - 1

On January 12, 2012, United States Magistrate Mikel H. Williams issued a Report and
Recommendation, recommending that the Federal Deposit Insurance Corporation’s (“FDICR”) Motion to Dismiss Counterclaims be granted. (Dkt. 54.) Any party may challenge a
magistrate judge’s proposed recommendation by filing written objections within fourteen
days after being served with a copy of the Magistrate Judges’s Report and Recommendation.
See 28 U.S.C. § 636(b)(1)(C). The district court must then “make a de novo determination
of those portions of the report or specified proposed findings or recommendations to which
objection is made.” Id. The district court may accept, reject, or modify in whole or in part,
the findings and recommendations made by the Magistrate Judge. Id.; see also Fed. R. Civ.
P. 72(b).
There were no objections to the report and recommendation filed in this matter and
the time for doing so has passed. (Dkt. 54.) The Court has reviewed the Report and
Recommendation, the parties’ briefing on the Motion, and the entire record in this matter.
Based upon this review, the Court finds the Report and Recommendation has correctly
decided the Motion and the Court will adopt the same.
ORDER
Having conducted a de novo review of the Report and Recommendation, this Court
finds that Magistrate Judge Williams’ Report and Recommendation is well founded in law
and consistent with this Court’s own view of the evidence in the record. Acting on the
recommendation of Magistrate Judge Williams, and this Court being fully advised in the
ORDER ADOPTING REPORT AND RECOMMENDATION - 2

premises, IT IS HEREBY ORDERED that the Report and Recommendation entered on
January 12, 2012, (Dkt. 54), should be, and is hereby, INCORPORATED by reference and
ADOPTED in its entirety.
THEREFORE, IT IS HEREBY ORDERED that the Motion to Dismiss
Counterclaims (Dkt. 24) is GRANTED for lack of subject matter jurisdiction.

DATED: February 3, 2012

Honorable Edward J. Lodge
U. S. District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION - 3