Allen v. Litton Loan Servicing et al

Filing 13

OPINION AND ORDER Adopting 12 Report and Recommendation, Granting 3 Motion to Dismiss filed by Ocwen Loan Servicing. Signed by District Judge Paul D. Borman. (DTof)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ROGER L. ALLEN,
Case No. 15-13591
Plaintiff,
Paul D. Borman
United States District Judge

v.

LITTON LOAN SERVICING AND
OCWEN LOAN SERVICING,

R. Steven Whalen
United States Magistrate Judge

Defendants.
______________________________/
OPINION AND ORDER:
(1) ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION (ECF No. 12);
(2) GRANTING DEFENDANT OCWEN LOAN SERVICING’S
MOTION TO DISMISS (ECF NO. 3);
(3) DISMISSING WITH PREJUDICE LITTON LOAN SERVICING;
AND (4) DISMISSING THE ACTION WITH PREJUDICE
On August 31, 2015, Magistrate Judge R. Steven Whalen issued a Report and
Recommendation that recommended that this Court grant Defendant Ocwen’s Loan Servicing’s
Motion to Dismiss (ECF No. 3) and dismiss the claims against Defendant Ocwen with prejudice.
The Magistrate Judge also recommended that the Court sua sponte dismiss the unserved
Defendant Litton Loan Servicing with prejudice pursuant to Fed. R. Civ. P. 12(b)(1). See Apple
v. Glenn, 183 F.3d 477, 479 (6th Cir. 1999).
Having thoroughly reviewed the Report and Recommendation and there being no timely
objections filed to the report pursuant to 28 U.S.C. § 636(b)(1) and E.D. Mich L.R. 72.1(d), the
Court will adopt the Magistrate Judge’s Report and Recommendation.

Accordingly, the Court ADOPTS the Magistrate Judge’s Report and Recommendation
(ECF No. 12), GRANTS Defendant Ocwen Loan Serving’s Motion to Dismiss (ECF No. 3),
DISMISSES WITH PREJUDICE Defendant Litton Loan Servicing, and DISMISSES this action
with PREJUDICE.
IT IS SO ORDERED.

s/Paul D. Borman
PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE
Dated: September 22, 2016

CERTIFICATE 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 September 22, 2016.

s/Deborah Tofil
Case Manager

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