Dorr v. Wells Fargo Bank, N.A.

Filing 9

ORDER Adopting 8 Report and Recommendation, and Granting 2 Motion to Dismiss filed by Wells Fargo Bank, N.A. Signed by District Judge Sean F. Cox. (JMcC)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Carol Dorr, Plaintiff, v. Case No. 13-14526 Wells Fargo Bank, N.A., Honorable Sean F. Cox Magistrate Judge Paul J. Komives Defendant. _________________________________/ ORDER ACCEPTING AND ADOPTING REPORT & RECOMMENDATION This is a mortgage case. In August 2013, Plaintiff Carol Dorr filed her Complaint in Genesee County Circuit court against Defendant Wells Fargo Bank, N.A, alleging that Defendant committed various torts and violated several statutes with regard to her mortgage loan modification process. Defendant removed the case to this Court on October 29, 2013. (Doc. #1). On November 1, 2013, Defendant filed a Motion to Dismiss And/Or For Summary Judgment (Doc. #2). This Court referred the motion to Magistrate Judge Paul J. Komives for a Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B). (Doc. #5). On March 3, 2014, Magistrate Judge Komives issued a Report and Recommendation wherein he recommended that this Court grant Defendant’s motion to dismiss. (Doc. #8). Pursuant to FED. R. CIV. P. 72(b), a party objecting to the recommended disposition of a matter by a Magistrate Judge must file objections to the R&R within fourteen (14) days after being served with a copy of the R&R. FED. R. CIV. P. 72(b)(2). “The district judge must determine de novo any part of the magistrate judge’s disposition that has been properly objected to.” Fed. R. Civ. 1 P. 72(b)(3). The time for filing objections to the R&R has expired and the docket reflects that neither party has filed objections to the R&R. Furthermore, the Court agrees with the Magistrate Judge’s recommendation. Therefore, the Court hereby ADOPTS the March 3, 2014 R&R. IT IS ORDERED that Defendant’s Motion To Dismiss (Doc. #2) is GRANTED. IT IS SO ORDERED. S/Sean F. Cox Sean F. Cox United States District Judge Dated: March 28, 2014 I hereby certify that a copy of the foregoing document was served upon counsel of record on March 28, 2014, by electronic and/or ordinary mail. S/Jennifer McCoy Case Manager 2

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