Robinson et al v. Wells Fargo Bank et al
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION 23 AND DENYING 10 Motion to Dismiss filed by Wells Fargo Bank, NA, WITHOUT PREJUDICE. Signed by District Judge Gerald E Rosen. (RBri)
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JAMES ROBINSON and RESHELLE ROBINSON, Plaintiffs, vs. WELLS FARGO BANK, N.A. and FIRST FRANKLIN MORTGAGE LOAN TRUST 2003-FFH2, Defendants. __________________________________/ ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DENYING DEFENDANT WELLS FARGO'S MOTION TO DISMISS, WITHOUT PREJUDICE At a session of said Court, held in the U.S. Courthouse, Detroit, Michigan on September 4, 2009 PRESENT: Honorable Gerald E. Rosen Chief Judge, United States District Court This matter having come before the Court on the July 22, 2009 Report and Recommendation of United States Magistrate Judge Paul J. Komives recommending that the Court deny Defendant Wells Fargo Bank, N.A.'s October 16, 2008 Motion to Dismiss, without prejudice to Wells Fargo's right to renew this motion after Plaintiffs file their first amended complaint; and no timely objections to the Report and Recommendation having been filed; and the Court, having reviewed the R&R and the entire record of this matter, having concurred in the Magistrate Judge's recommendation, No. 08-CV-13048-DT Hon. Gerald E. Rosen
and being otherwise fully advised in the premises, NOW, THEREFORE, IT IS HEREBY ORDERED that the Magistrate Judge's Report and Recommendation of July 22, 2009 [Dkt. # 23] is adopted by the Court. IT IS FURTHER ORDERED that, for the reasons stated by the Magistrate Judge, Defendant Wells Fargo's October 16, 2008 Motion to Dismiss [Dkt. # 10] is DENIED, without prejudice to Wells Fargo's right to renew this motion after Plaintiffs file their first amended complaint. SO ORDERED.
s/Gerald E. Rosen Chief Judge, United States District Court Dated: September 4, 2009 I hereby certify that a copy of the foregoing document was served upon counsel of record on September 5, 2009, by electronic and/or ordinary mail. s/Ruth Brissaud Case Manager
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?