Mefaj et al v. IndyMac FSB et al

Filing 10

ORDER Adopting Report and Recommendation for Granting 2 Motion to Dismiss, filed by OneWest Bank FSB, IndyMac Mortgage Services, Deutsche Bank National Trust Company, as Trustee of the IndyMac INDX Mortgage Loan Trust 2004-AR8, Mortgage Pass-Through Certificates, Series 2004-AR8, Ocwen Loan Servicing, LLC re 9 Report and Recommendation. Signed by District Judge Sean F. Cox. (JMcC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

Perparim Mefaj, et al.,
Plaintiffs,
v.

Case No. 14-13486

IndyMac FSB, et al.,

Honorable Sean F. Cox

Defendants.
______________________________/
ORDER ADOPTING
4/23/15 REPORT AND RECOMMENDATION
Plaintiffs filed this action asserting claims against multiple Defendants. On September
19, 2014, Defendants filed a Motion to Dismiss. That motion was referred to Magistrate Judge
Mona Majzoub for a Report and Recommendation.
On April 23, 2015, Magistrate Judge Majzoub issued a Report and Recommendation
(Docket Entry No. 9) wherein she recommends that: 1) the Motion to Dismiss be granted with
regard to Defendants’ request that the Court dismiss Plaintiffs’ complaint with prejudice; and 2)
the motion be denied as to Defendants’ request for costs and attorney fees.
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
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.

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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. The Court hereby ADOPTS the April 23, 2015 R&R.
IT IS FURTHER ORDERED that Defendants’ Motion to Dismiss is GRANTED to the
extent that Plaintiffs’ Complaint is DISMISSED WITH 3273
PREJUDICE. The motion is denied in all other respects.
IT IS SO ORDERED.
S/Sean F. Cox
Sean F. Cox
United States District Judge
Dated: May 14, 2015
I hereby certify that a copy of the foregoing document was served upon counsel of record on
May 14, 2015, by electronic and/or ordinary mail.
S/Jennifer McCoy
Case Manager

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