Hays v. Citimortgage, Inc. et al

Filing 33

ORDER ADOPTING REPORT AND RECOMMENDATIONS 32 . Defendant's Motion to Dismiss 11 is GRANTED as to Counts 5 (as to CitiMortgage), 7, and 9, and DENIED as to Counts 1, 3, and 6 (as to CitiMortgage) as more fully described above. (Written Opinion). Signed by Judge John R. Tunheim on April 17, 2012. (HAM)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
________________________________________________________________________
DEBORAH HAYS,

Civil No. 11-2477 (JRT/LIB)
Plaintiff,

v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

CITIMORTGAGE, INC. AND
SAFEGUARD PROPERTIES, LLC,
Defendants.
_______________________________________________________________________
Gary Hazelton and Nathan Cariveau, HAZELTON LAW FIRM PLLC, Post
Office Box 1248, Bemidji, MN 56619; Carlin Phillips, PHILLIPS &
GARCIA PC, 13 Ventura Drive, North Dartmouth, MA 02747, for plaintiff.
David Orenstein and Kendall Bader, BARNES & THORNBURG LLP, 225
South Sixth Street, Suite 2800, Minneapolis, MN 55402, for Defendant
Citimortgage, Inc.
Theodore Waldeck, WALDECK & LIND, PA, 121 South Eighth Street, Suite
1400, Minneapolis, MN 55402, for Defendant Safeguard Properties, LLC.

The above matter comes before the Court upon the Report and Recommendation
of United States Magistrate Judge Leo I. Brisbois dated March 29, 2012 [Docket No. 32].
No objections have been filed to that Report and Recommendation in the time period
permitted.
Based upon the Report and Recommendation of the Magistrate Judge, and all of
the files, records and proceedings herein, IT IS HEREBY ORDERED that Defendant’s
Motion to Dismiss [Docket No. 11] is GRANTED as to Counts 5 (as to CitiMortgage), 7,

and 9, and DENIED as to Counts 1, 3, and 6 (as to CitiMortgage) as more fully described
above.

DATED: April 17, 2012
at Minneapolis, Minnesota

___ s/John R. Tunheim _____
JOHN R. TUNHEIM
United States District Judge