Lewis v. NationStar Mortgage et al

Filing 33

ORDER Adopting 31 and 32 Magistrate Judge's Reports and Recommendations and Denying 13 Plaintiff's Motion to Remand, Granting 2 Ginnie Mae and Nationstar Mortgage's Motion to Dismiss, Granting 5 Bank of America, N.A.'s Motion to Dismiss, and Granting 11 Fannie Mae's Motion for Summary Judgment. Signed by District Judge David M. Lawson. (SJa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CHRISTIAN LEWIS,
Plaintiff,
Case Number 14-10204
Honorable David M. Lawson
Magistrate Judge R. Steven Whalen

v.
NATIONSTAR MORTGAGE,
Defendant.
___________________________________/

ORDER ADOPTING MAGISTRATE JUDGE’S REPORTS AND
RECOMMENDATIONS AND DENYING PLAINTIFF’S MOTION TO REMAND,
GRANTING GINNIE MAE AND NATIONSTAR MORTGAGE’S MOTION TO
DISMISS, GRANTING BANK OF AMERICA, N.A.’S MOTION TO DISMISS, AND
GRANTING FANNIE MAE’S MOTION FOR SUMMARY JUDGMENT
Presently before the Court are the reports issued on July 25, 2014 by Magistrate Judge R.
Steven Whalen pursuant to 28 U.S.C. § 636(b), recommending that the Court deny the plaintiff’s
motion to remand, grant Ginnie Mae and Nationstar Mortgage’s motion to dismiss, grant Bank of
America, N.A.’s motion to dismiss, and grant Fannie Mae’s motion for summary judgment.
Although the report stated that the parties to this action could object to and seek review of the
recommendation within fourteen days of service of the report, no objections have been filed thus far.
The parties’ failure to file objections to the report and recommendation waives any further right to
appeal. Smith v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987).
Likewise, the failure to object to the magistrate judge’s report releases the Court from its duty to
independently review the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court
agrees with the findings and conclusions of the magistrate judge.
Accordingly, it is ORDERED that the magistrate judge’s reports and recommendations [dkt.
#31, #32] are ADOPTED.

It is further ORDERED that the plaintiff’s motion to remand [dkt. #13] is DENIED.
It is further ORDERED that the plaintiff’s claims against Schneiderman & Sherman, P.C.
are severed pursuant to Rule 21 of the Federal Rules of Civil Procedure and consolidated with case
number 13-11693.
It is further ORDERED that Ginnie Mae and Nationstar Mortgage’s motion to dismiss [dkt.
#2] is GRANTED.
It is further ORDERED that Bank of America, N.A.’s motion to dismiss [dkt. #5] is
GRANTED.
It is further ORDERED that Fannie Mae’s motion for summary judgment [dkt. #11] is
GRANTED.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: August 12, 2014

PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on August 12, 2014.
s/Shawntel Jackson
SHAWNTEL JACKSON

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