LARIVIERE v. BANK OF NEW YORK AS TRUSTEE et al

Filing 26

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE denying 20 Motion to Remand to State Court; adopting Report and Recommended Decision re 23 Report and Recommendations ; granting 12 Motion to Dismiss By JUDGE GEORGE Z. SINGAL. (lrc)

UNITED STATES DISTRICT COURT
District of Maine

DONALD P. LARIVIERE,
Plaintiff
v.
BANK OF NEW YORK AS
TRUSTEES, et als.,
Defendants

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No. 2:11-cv-326-GZS

ORDER AFFIRMING THE
RECOMMENDED DECISION OF THE MAGISTRATE JUDGE

The United States Magistrate Judge filed with the Court on November 17, 2011, her
Recommended Decision (Docket No. 23). Plaintiff filed his Objection to the Recommended
Decision (Docket No. 24) on December 7, 2011. Defendants Mortgage Electronic Registration
Systems, Inc., the Bank of New York Mellon f/k/a the Bank of New York, and Litton Loan
Servicing, L.P. filed their Response to Plaintiff’s Objection to the Recommended Decision (Docket
No. 25) on December 27, 2011.
I have reviewed and considered the Magistrate Judge's Recommended Decision, together
with the entire record; I have made a de novo determination of all matters adjudicated by the
Magistrate Judge's Recommended Decision; and I concur with the recommendations of the United
States Magistrate Judge for the reasons set forth in her Recommended Decision, and determine that
no further proceeding is necessary.
1.

It is therefore ORDERED that the Recommended Decision of the Magistrate Judge
is hereby AFFIRMED.

2.

It is hereby ORDERED that the Motion to Dismiss (Docket No. 12) filed by
Defendants Bank of New York, Litton Loan Servicing, and Mortgage Electronic
Registration Systems is GRANTED.

3.

It is hereby ORDERED that the Motion to Dismiss (Docket No. 13) filed by
Defendant Bank of America is GRANTED.

4.

It is hereby ORDERED that Plaintiff’s Motion to Remand (Docket No. 20) is
DENIED.

5.

It is hereby ORDERED that all of the claims in Plaintiff’s Complaint are
DISMISSED WITH PREJUDICE.

/s/George Z. Singal_____________
U.S. District Judge
Dated this 3rd day of January, 2012.