Robinson et al v. Wells Fargo Bank et al

Filing 47

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION 45 AND DISMISSING PLAINTIFFS' CLAIMS AGAINST DEFENDANTS WELLS FARGO BANK AND SAXTON MORTGAGE SERVICES, INC. Signed by District Judge Gerald E Rosen. (RGun)

Robinson et al v. Wells Fargo Bank et al

Doc. 47

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JAMES ROBINSON and RESHELLE ROBINSON, Plaintiffs, vs. WELLS FARGO BANK, et al., Defendants. ___________________________/ ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DISMISSING PLAINTIFF'S CLAIMS AGAINST DEFENDANTS WELLS FARGO BANK AND SAXON MORTGAGE SERVICES, INC. At a session of said Court, held in the U.S. Courthouse, Detroit, Michigan on September 8, 2010 PRESENT: Honorable Gerald E. Rosen Chief Judge, United States District Court This matter having come before the Court on the August 5, 2010 Report and Recommendation of United States Magistrate Judge Paul J. Komives recommending that the Court grant Defendants Wells Fargo Bank and Saxon Mortage Services, Inc.'s Fed. R. Civ. P. 12(b)(6) Motion to Dismiss; and no timely objections to the Magistrate Judge's Report and Recommendation having been filed; and the Court having reviewed the Magistrate Judge's Report and Recommendation and the Court's file of this action and having concluded that, for the reasons stated in the Report and Recommendation, Wells Fargo's and Saxon's Motion to Dismiss should be granted; and the Court being otherwise fully advised in the premises, No. 08-CV-13048 Hon. Gerald E. Rosen

Dockets.Justia.com

NOW, THEREFORE, IT IS HEREBY ORDERED that the Magistrate Judge's Report and Recommendation of August 5, 2010 [Dkt. # 45] be, and hereby is, adopted by this Court. IT IS FURTHER ORDERED that, for the reasons set forth in the Magistrate Judge's Report and Recommendation, Defendants Wells Fargo Bank's and Saxon Mortgage Services, Inc.'s Motion to Dismiss [Dkt. # 26] is GRANTED. Accordingly, IT IS FURTHER ORDERED that all of Plaintiffs' claims against Defendants Wells Fargo and Saxon are DISMISSED, WITH PREJUDICE.

s/Gerald E. Rosen Chief Judge, United States District Court Dated: September 8, 2010 I hereby certify that a copy of the foregoing document was served upon counsel of record on September 8, 2010, by electronic mail and upon James Robinson, Reshelle Robinson, 14675 Rutherford, Detroit, Michigan 48227 by ordinary mail. s/Ruth A. Gunther Case Manager