Jaime et al v. Wells Fargo Home Mortgage, Inc. et al

Filing 14

ORDER adopting 11 Report and Recommendation and denying as moot 2 Motion to Dismiss. Signed by District Judge Thomas L. Ludington. (SGam)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION JOSEPH JAIME and RITA JAIME, Plaintiffs, v. WELLS FARGO HOME MORTGAGE, INC., and US BANK NATIONAL ASSOCIATION, as Trustee for the Structured Asset Investment Loan Trust, 200-BNC2, Defendants. ______________________________________ / ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, AND DENYING DEFENDANTS' MOTION TO DISMISS AS MOOT Magistrate Judge Charles E. Binder issued a report and recommendation [Dkt. # 11] on March 17, 2011, recommending that the Court deny Defendants' motion to dismiss. Judge Binder noted that the parties agreed to permit an amended complaint, and as a result, the motion to dismiss was moot. Any party may serve and file written objections "[w]ithin fourteen days after being served with a copy" of the report and recommendations. 28 U.S.C. § 636(b)(1). The district court will make a "de novo determination of those portions of the report . . . to which objection is made." Id. Where, as here, neither party objects to the report, the district court is not obligated to independently review the record. Thomas v. Arn, 474 U.S. 140, 149­52 (1985). Accordingly, it is ORDERED that the Judge Binder's report and recommendation [Dkt. # 11] is ADOPTED. Case Number 11-10302-BC Honorable Thomas L. Ludington

It is further ORDERED Defendants' motion to dismiss [Dkt. # 2] is DENIED AS MOOT. s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge Dated: April 7, 2011

PROOF OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on April 7, 2011. s/Tracy A. Jacobs TRACY A. JACOBS

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