Ponte v. Chase Bank USA, N.A. et al

Filing 57

ORDER Adopting Report and Recommendation for Denying as Moot 31 Motion to Dismiss filed by James Dimon, Granting 29 Motion to Dismiss filed by James Dimon, Chase Bank USA, N.A., Denying as Moot 42 Motion to Amend/Correct filed by Robert F. Ponte re 53 Report and Recommendation. Signed by District Judge Sean F. Cox. (JMcC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

Robert Ponte,
Plaintiff,
v.

Case No. 12-13901

Chase Bank USA, N.A., et al.,

Honorable Sean F. Cox

Defendants.
______________________________/
ORDER
ACCEPTING AND ADOPTING REPORT & RECOMMENDATION
This Court referred the following motions filed in this case to Magistrate Judge David
Grand for issuance of a report and recommendation pursuant to § 636(b)(1)(B) and (C): 1)
Defendants’ Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Docket
Entry No. 29); 2) Defendant Jamie Dimon’s Motion to Dismiss for Lack of Personal Jurisdiction
(Docket Entry No. 31); 3) and Plaintiff’s Motion for Leave to File a Second Amended Complaint
(Docket Entry No. 42).
On October 8, 2013, Magistrate Judge Grand issued a Report and Recommendation
(“R&R”) wherein he recommends that the Court: 1) grant Defendants’ Motion to Dismiss for
Failure to State a Claim; 2) deny as moot Defendant Dimon’s Motion to Dismiss for Lack of
Personal Jurisdiction; and 3) deny Plaintiff’s Motion to Amend.
Pursuant to FED. R. CIV. P. 72(b), a party objecting to the recommended disposition of a
matter by a Magistrate Judge must filed objections to the R&R within fourteen (14) days after
being served with a copy of the R&R. “The district judge to whom the case is assigned shall
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make a de novo determination upon the record, or after additional evidence, of any portion of the
magistrate judge’s disposition to which specific written objection has been made.” Id.
The time for filing objections to the R&R has expired and the docket reflects that no
party has filed objections to the R&R.
The Court hereby ADOPTS the October 8, 2013, R&R. IT IS ORDERED that: 1)
Defendant’s Motion to Dismiss for Failure to State a Claim (Docket Entry No. 29) is GRANTED
and Plaintiff’s claims shall be DISMISSED WITH PREJUDICE; 2) Defendant Dimon’s Motion
to Dismiss for Lack of Personal Jurisdiction (Docket Entry No. 31) is DENIED AS MOOT; and
3) Plaintiff’s Motion to Amend (Docket Entry No. 42) is DENIED.
IT IS SO ORDERED.
S/Sean F. Cox
Sean F. Cox
United States District Judge
Dated: October 29, 2013
I hereby certify that a copy of the foregoing document was served upon counsel of record on
October 29, 2013, by electronic and/or ordinary mail.
S/Jennifer McCoy
Case Manager

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