Schaeffer et al v. JP Morgan Chase Bank, NA et al

Filing 24

MEMORANDUM DECISION AND ORDER incorporating and adopting 23 Report and Recommendation; granting 10 Defendant's Motion to Dismiss. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

SHANE H. SCHAEFFER and
BARBARA J. SCHAEFFER,
Plaintiff,

Case No. 4:17-cv-00262-BLW
MEMORANDUM DECISION AND
ORDER

v.
JP MORGAN CHASE BANK, N.A.;
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.,
Defendants.

On December 22, 2017, United States Magistrate Judge Candy Dale issued a
Report and Recommendation (Dkt. 23), recommending that Defendants’ Motion to
Dismiss (Dkt. 13) be granted. 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 Judge’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).

MEMORANDUM DECISION AND ORDER - 1

In this case, neither party objected to Magistrate Judge Dale’s R&R, and the
deadline for filing such objections has passed. Accordingly, the Court need not make a de
novo review of any portions of the R&R. Nevertheless, the Court has reviewed the entire
decision, and determined that it will accept the R&R in whole, and adopt it as its own
findings and conclusions.
ORDER
IT IS ORDERED:
1. The Report and Recommendation entered on December 22, 2017 (Dkt. 23) shall
be, and is hereby, INCORPORATED by reference and ADOPTED in its entirety.
2. Defendants’ Motion to Dismiss (Dkt. 10) is GRANTED.
3. The Court will enter a separate judgment in accordance with Federal Rule of Civil
Procedure 58.

DATED: March 12, 2018
_________________________
B. Lynn Winmill
Chief U.S. District Court Judge

MEMORANDUM DECISION AND ORDER - 2