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)

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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 2

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