Suzor et al v. Green Tree Servicing LLC et al

Filing 10

ORDER adopting 9 Report and Recommendation, granting 5 Motion to Dismiss and Dismissing Complaint with Prejudice. Signed by District Judge Thomas L. Ludington. (SGam)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
NANCY SUZOR and
DAVID SUZOR,
Plaintiffs,

Case No. 14-11167
Honorable Thomas L. Ludington

v.
GREEN TREE SERVICING, LLC, and
BANK OF AMERICA, N.A.,
Defendants.
/
ORDER ADOPTING REPORT AND RECOMMENDATION
AND DISMISSING COMPLAINT WITH PREJUDICE
On March 19, 2014, Green Tree Servicing, LLC (Green Tree) removed this case from
Michigan state court. See Notice Removal, ECF No. 1. All pretrial matters in the case were then
referred to United States Magistrate Judge Patricia Morris pursuant to 28 U.S.C. § 636(b)(1).
On April 14, 2014, Green Tree filed a motion to dismiss the claims against it. On June 5,
2014, Judge Morris issued a report recommending that Green Tree’s motion be granted, and that
Bank of America, N.A. be sua sponte dismissed. Report & Rec. 1, ECF No. 9. Although Judge
Morris’s report explicitly stated that the parties may object to and seek review of the
recommendation within 14 days of service of the report, as of today’s date, no party has filed
objections. The failure to object to Judge Morris’s report releases the Court from its duty to
independently review the record. Thomas v. Arn, 474 U.S. 140, 149 (1985). Moreover, the
failure to file objections to the report waives any further right to appeal. See Smith v. Detroit
Fed’n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987).

Accordingly, it is ORDERED that Judge Morris’s report and recommendation, ECF No.
9, is ADOPTED.
It is further ORDERED that Green Tree’s motion to dismiss, ECF No. 5, is GRANTED.
It is further ORDERED that Bank of America, N.A., is sua sponte DISMISSED.
It is further ORDERED that the Plaintiffs’ complaint, ECF No. 1, is DISMISSED with
prejudice. This is a final order and closes the case.
Dated: June 27, 2014

s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing
order was served upon Attorney Courtney A. Krause by
electronic means and upon Attorney John A.M. Ferguson
at P.O. Box 838, Elk Rapids, MI 49629 by first class U.S.
mail on June 27, 2014.
s/Tracy A. Jacobs
TRACY A. JACOBS

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