Kana Investment Corp. v. federal deposit insurance corporation as receiver for Warren Bank et al

Filing 25

ORDER Adopting 24 Report and Recommendation: and Denying 18 Motion to Quiet Title filed by Kana Investment Corp. Signed by District Judge Stephen J. Murphy, III. (CCoh)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
KANA INVESTMENT CORP.,
Plaintiff,

Case No. 12-cv-13689

v.

HONORABLE STEPHEN J. MURPHY, III

FEDERAL DEPOSIT INSURANCE
CORPORATION, et al.,
Defendants.
/
ORDER ADOPTING REPORT AND RECOMMENDATION (document
no. 24) AND DENYING KANA’S MOTION TO QUIET TITLE (document no. 18)
On April 17, 2014, plaintiff Kana Investment Corp. (“Kana”) filed an amended motion
to quiet title against defendant Federal Deposit Insurance Corporation (“FDIC”). The Court
referred the motion to Magistrate Judge Steven Whalen, who issued a Report and
Recommendation ("the Report") on October 7, 2014, recommending the Court deny the
motion for failure to effectuate proper service on the FDIC. ECF No. 24.
Copies of the Report were served upon the parties on October 7, 2014. Pursuant to
Civil Rule 72(b)(2), Kana had fourteen days from that date to file specific written objections
to the recommended disposition. Fed. R. Civ. P. 72(b)(2). No objections have been filed.
See Fed. R. Civ. P. 72(b)(3) (requiring de novo review by a district judge only for "any part
of the magistrate judge's disposition that has been properly objected to").
Having reviewed the Report's analysis, in light of the record, the Court finds the
Report's conclusions are factually based and legally sound. Accordingly, the Court will deny
Kana's amended motion to quiet title, and order Kana to file proof the FDIC has been
properly served in compliance with Civil Rule 4(i), within seven (7) days of the date of this

order.1 Failure to comply with the terms of this order will result in dismissal of the complaint
as to the FDIC without prejudice and without further notice or hearing.
ORDER
WHEREFORE, it is hereby ORDERED that the Report and Recommendation
(document no. 24) is ADOPTED and Kana's Amended Motion to Quiet Title (document no.
18) is DENIED.
SO ORDERED.

s/Stephen J. Murphy, III
STEPHEN J. MURPHY, III
United States District Judge
Dated: November 7, 2014
I hereby certify that a copy of the foregoing document was served upon the parties and/or
counsel of record on November 7, 2014, by electronic and/or ordinary mail.
s/Carol Cohron
Case Manager

1

Civil Rule 4(i) requires a party to serve the United States and its agencies, in part, by
delivering "a copy of the summons and of the complaint to the United States attorney for
the district where the action is brought." Fed. R. Civ. P. 4(i)(1)(A)(i). Although Kana served
the Attorney General of the United States—as required by Civil Rule 4(i)(1)(B)—it did not
serve the United States Attorney for the Eastern District of Michigan. See Mot. Quiet Title,
Aff. of Service, ECF No. 18-2.
2