Bacon et al v. Countrywide Bank FSB et al

Filing 31

ORDER ADOPTING REPORT AND RECOMMENDATIONS 30 Report and Recommendations, granting without leave to amend 6 Motion to Dismiss, filed by Mortgage Electronic Registration Systems, Inc., Bank of America, Does 1-10, Countrywide Bank FSB. Defendant sh all prepare an appropriate form of judgment for entry by the Court and submit the same to the Courts proposed orders email box, [e-mail], no later than March 6, 2012. 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

BRIAN BACON, et al
Case No. 2:11-CV-00107-EJL-CWD
Plaintiffs,
ORDER
v.
COUNTRYWIDE BANK, et al
Defendants.

On February 8, 2012, United States Chief Magistrate Judge Candy W. Dale issued a Report
and Recommendation, recommending that Defendants’ Motion to Dismiss be granted. (Dkt. 30.)
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).
No objections to the report and recommendation were filed and the time for doing so has passed.
(Dkt. 30.) The Court has reviewed the Report and Recommendation, the parties’ briefing on the

ORDER- 1

Motion, and the entire record in this matter. In addition to the regular briefing on the Motion, the
parties were allowed to file supplemental briefing as well; all of which this Court has reviewed.
Based upon this review, the Court finds the Report and Recommendation has correctly decided the
Motion.
ORDER
Having conducted a de novo review of the Report and Recommendation, this Court finds that
Chief Magistrate Judge Dale’s 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 Chief
Magistrate Judge Dale’s, and this Court being fully advised in the premises, IT IS HEREBY
ORDERED that the Report and Recommendation entered on February 8, 2012, (Dkt. 30), should
be, and is hereby, INCORPORATED by reference and ADOPTED in its entirety.
THEREFORE, IT IS HEREBY ORDERED that Defendants’ Motion to Dismiss (Dkt. 6)
is GRANTED WITHOUT LEAVE TO AMEND. Defendant shall prepare an appropriate form

of judgment for entry by the Court and submit the same to the Court’s proposed orders email
box, [e-mail], no later than March 6, 2012.

DATED: February 28, 2012

Honorable Edward J. Lodge
U. S. District Judge

ORDER- 2