Ethridge et al v. Countrywide Home Loans, Incorporated et al

Filing 35

ORDER adopting 33 Report and Recommendation ; finding as moot 9 Motion to Dismiss; granting 19 Motion to Dismiss. Signed by District Judge Nancy G. Edmunds. (CHem)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

Jon Ethridge and Renee
D. Ethridge,

Case No. 12-10705
Honorable Nancy G. Edmunds

Plaintiffs,
v.
Countrywide Home Loans, Inc., et al.,
Defendants.
/

ORDER ACCEPTING AND ADOPTING MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION [33]
This matter has come before the Court on the Magistrate Judge’s October 16, 2012
Report and Recommendation. (Dkt. 33) The Court is fully advised in the premises and has
reviewed the record and the pleadings. Defendants Jon and Renee D. Ethridge have not
filed any objections.1 “[T]he failure to object to the magistrate judge’s report[] releases the
Court from its duty to independently review the matter.” Hall v. Rawal, 09-10933, 2012 WL
3639070, at *1 (E.D.Mich. Aug. 24, 2012) (citation omitted). The Court therefore ACCEPTS
and ADOPTS the Magistrate Judge’s Report and Recommendation.
The Court therefore GRANTS Defendants’ motion to dismiss. (Dkt. 19.) The Court
DENIES as MOOT Defendant’s previous motion to dismiss. (Dkt. 9.)
SO ORDERED.

1

The Court notes that Plaintiffs filed a certificate of service on October 18, 2012.
(Dkt. 34.) This certificate is for Plaintiffs’ response to Defendants’ motion to dismiss,
which was docketed on April 9, 2012, and indicates that Plaintiffs did send a copy of its
response to Defendants. (Dkt. 12.)

s/Nancy G. Edmunds
Nancy G. Edmunds
United States District Judge
Dated: November 2, 2012
I hereby certify that a copy of the foregoing document was served upon counsel of record
on November 2, 2012, by electronic and/or ordinary mail.
s/Carol A. Hemeyer
Case Manager