Aiayash v. BAC Home Loans Servicing, LP et al

Filing 28

ORDER Adopting 26 Report and Recommendation denying as moot 19 Motion to Strike filed by Shore Mortgage, denying 14 Plaintiff's Counter Motion filed by Norman Aiayash, granting 16 Motion to Dismiss filed by BAC Home Loans Servicing, LP, and granting 8 Motion to Dismiss filed by Shore Mortgage Signed by District Judge Bernard A Friedman. (CMul)

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-MAR Aiayash v. BAC Home Loans Servicing, LP et al Doc. 28 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION NORMAN AIYASH, Plaintiff, vs. BAC HOME LOANS SERVICING, LP and SHORE MORTGAGE, Defendants. _____________________________________/ MEMORANDUM OPINION AND ORDER This matter is before the Court on Magistrate Judge Mark Randon's Report and Recommendation ("R and R") dated October 12, 2010. Magistrate Judge Randon recommended that Defendants' motions to dismiss be granted, that Plaintiff's case be dismissed with prejudice, that Plaintiff's "counter motion" be denied, and that Shore Mortgage's motion to strike be denied as moot. Objections to the R and R were not filed. This Court had an opportunity to fully review this matter and believes that the Magistrate Judge has reached the correct conclusions for the proper reasons. ACCORDINGLY: IT IS HEREBY ORDERED that Magistrate Judge Mark Randon's Report and Recommendation dated October 12, 2010, is hereby accepted and adopted. IT IS FURTHER ORDERED that Defendants' Motion to Dismiss is GRANTED. IT IS FURTHER ORDERED that Plaintiff's case is DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that Plaintiff's "counter motion" is DENIED. 1 Case No. 10-12259 HON. BERNARD A. FRIEDMAN Dockets.Justia.com IT IS FURTHER ORDERED that Defendant Shore Mortgage's Motion to Strike is DENIED as moot. Dated: November 4, 2010 Detroit, Michigan S/Bernard A. Friedman_______ BERNARD A. FRIEDMAN UNITED STATES DISTRICT JUDGE I hereby certify that a copy of the foregoing document was served upon counsel of record by electronic and/or first-class mail. S/Carol Mullins Case Manager to Judge Friedman 2

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