Gayle, Jr. v. Arbor Mortgage Corporation et al

Filing 33

ORDER adopting 26 Report and Recommendation ; finding as moot 13 Motion to Dismiss; finding as moot 14 Motion to Dismiss. Signed by District Judge Victoria A. Roberts. (CPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CLEVELAND M. GAYLE, JR.,
Plaintiff,

HONORABLE VICTORIA A. ROBERTS
Case No. 12-cv-12489
Magistrate Judge Michael J. Hluchaniuk

v.
ARBOR MORTGAGE CORPORATION,
IVAN KAUFMAN, CITIMORTGAGE, INC.,
SANJIV DAS, PAUL INCE, DANIEL
HOFFMAN, MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, R.K.
ARNOLD, BILL HUFFMAN, POTESTIVO
ASSOCIATES, CHANTELLE R.
NEUMANN, SCHNELKER, RASSI &
MCCONNELL, PLC, JASON S.
SCHNELKER, D.WADE MCCONNELL,
DYKEMA GOSSETT PLLC, KYLE R.
DUFRANE, NASSEEM S. RAMIN,
MICHAELWOODS, et al.,
Defendants.
/
ORDER ACCEPTING REPORT AND RECOMMENDATION THAT DEFENDANTS’
MOTIONS TO DISMISS BE DENIED AS MOOT (Docs. #13 and #14)
I.

INTRODUCTION
Before the Court are Defendants’ motions to dismiss for failure to state a claim.

Plaintiff filed this pro se complaint alleging that he was fraudulently induced into his
mortgage loan. However, Plaintiff filed an earlier claim, Gayle v. Arbor Mortg. Corp.,
Case No. 12-10898. This case arises out of the same transactions and alleges similar
claims against the same defendants as the earlier claims. But, in this action, Plaintiff
also sues Defendants’ attorneys.
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On June 12, 2012, the Court referred this matter to Magistrate Judge Michael J.
Hluchaniuk pursuant to 28 U.S.C. § 636(b)(1)(B). On January 16, 2013, the Magistrate
Judge filed his Report and Recommendation denying Defendants’ motions and
dismissing Plaintiff’s claim as moot. Plaintiff objected.
This Court reviews de novo any part of the Magistrate Judge’s Report and
Recommendation on a dispositive motion that is properly objected to. 28 U.S.C. §
636(b)(1). After careful review of the entire record, the Court agrees with the Magistrate
Judge’s conclusions. The Magistrate Judge’s Report and Recommendation is
thorough; it lays out the facts and procedural history of the case, as well as the relevant
case law. He denies Defendants’ motions with a reasoned explanation. Particularly, he
correctly finds that the addition of defense counsel as defendants is not a sufficient
bases to allow this case to move forward, when the Court believes Plaintiff continues to
fail to state a claim.
The Court ACCEPTS Magistrate Judge Michael J. Hluchaniuk’s Report and
Recommendation. Defendants’ motions to dismiss are DENIED as moot; Plaintiff’s
claims are sua sponte DISMISSED.
IT IS ORDERED.

S/Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: February 26, 2013

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The undersigned certifies that a copy of
this document was served on the
attorneys of record and Cleveland M.
Gayle Jr. by electronic means or U.S. Mail
on February 26, 2013.
S/Carol A. Pinegar
Deputy Clerk

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