Tate v. BAC Home Loan Servicing, LP

Filing 58

ORDER Adopting 57 Report and Recommendation re 32 Motion to Dismiss, filed by BAC Home Loan Servicing, LP, and 44 Motion to Dismiss, filed by MERS, Inc, Bank of America, NA, Fannie Mae, Signed by District Judge David M. Lawson. (DSmi)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TERRI ANN TATE and GARDUS TATE
Plaintiffs,
v.

Case Number 10-13257
Honorable David M. Lawson
Magistrate Judge Michael Hluchaniuk

BAC HOME LOAN SERVICING, LP, BANK OF
AMERICA, NA, FANNIE MAE, MERS, INC.,
GOLDEN TITLE INSURANCE AGENCY,
INCORPORATED, ROMAN HOROSZWESKI,
and LAURA HOROSZWESKI,
Defendants.
___________________________________________/
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
AND GRANTING DEFENDANTS’ MOTIONS TO DISMISS
Presently before the Court is the report issued on August 5, 2011 by Magistrate Judge
Michael Hluchaniuk pursuant to 28 U.S.C. § 636(b), recommending that this Court grant defendants
BAC Home Loan Servicing, LP, Bank of America, NA, Fannie Mae, and MERS, Inc.’s motions to
dismiss. Although the Magistrate Judge’s report explicitly stated that the parties to this action may
object to and seek review of the recommendation within fourteen days of service of the report, no
objections have been filed thus far. The parties’ failure to file objections to the Report and
Recommendation waives any further right to appeal. Smith v. Detroit Fed’n of Teachers Local 231,
829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the Magistrate Judge’s report
releases the Court from its duty to independently review the matter. Thomas v. Arn, 474 U.S. 140,
149 (1985). However, the Court agrees with the findings and conclusions of the Magistrate Judge.

Accordingly, it is ORDERED that the Magistrate Judge’s Report and Recommendation [dkt.
#57] is ADOPTED.
It is further ORDERED that defendants BAC Home Loan Servicing, LP, Bank of America,
NA, Fannie Mae, and MERS, Inc.’s motions to dismiss [dkts. #32 and 44] are GRANTED.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: September 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 September 7, 2011.
s/Deborah R. Tofil
DEBORAH R. TOFIL

-2-