Peterson et al v. All Cities Mortgage & Financial et al

Filing 41

ORDER. IT IS HEREBY ORDERED: 1. The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Graham dated October 11, 2012 36 . 2. Defendants Carrington Mortgage Services, Inc. and Deutsche Bank National Trust Comp any's Motion to Dismiss 23 is GRANTED IN PART and DENIED IN PART as follows: a. Plaintiffs' claims for declaratory relief (Count 1), violation of Minn. Stat. §§ 58.13 and 58.18 (Count 3), violation of RESPA (Count 4), and breach of contract (Count 5), and any ostensible HAMP claim are DISMISSED WITH PREJUDICE; and b. Plaintiffs have adequately stated a claim for negligent and fraudulent misrepresentation (Count 2) and Defendants' motion is DENIED with respect to Count 2. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Chief Judge Michael J. Davis on 2/4/13. (GRR)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

HENRY PETERSON and MARILYN PETERSON,
Plaintiffs,
v.

ORDER
Civil File No. 12-759 (MJD/JJG)

CARRINGTON MORTGAGE SERVICES, INC.
and DEUTSCHE BANK NATIONAL TRUST COMPANY,
Defendants.

Jeffrey R. Vesel and James L Gunn, IV, Jeffrey R. Vesel Law Office, Counsel for
Plaintiffs.
Ernest F. Peake and Patrick J. Lindmark, Leonard, O’Brien, Spencer, Gale &
Sayre, Ltd., Counsel for Defendants.

The above-entitled matter comes before the Court upon the Report and
Recommendation of United States Magistrate Judge Jeanne J. Graham dated
October 11, 2012. [Docket No. 36] Plaintiffs Henry and Marilyn Peterson filed
objections to the Report and Recommendation. Defendants Carrington Mortgage
Services, Inc. and Deutsche Bank National Trust Company also filed objections to
the Report and Recommendation.
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Pursuant to statute, the Court has conducted a de novo review upon the
record. 28 U.S.C. § 636(b)(1); Local Rule 72.2(b). Based upon that review, the
Court ADOPTS the Report and Recommendation of United States Magistrate
Judge Graham filed October 11, 2012.
Accordingly, based upon the files, records, and proceedings herein, IT IS
HEREBY ORDERED:
1. The Court ADOPTS the Report and Recommendation of United
States Magistrate Judge Graham dated October 11, 2012 [Docket
No. 36].
2. Defendants Carrington Mortgage Services, Inc. and Deutsche
Bank National Trust Company’s Motion to Dismiss [Docket No.
23] is GRANTED IN PART and DENIED IN PART as follows:
a. Plaintiffs’ claims for declaratory relief (Count 1), violation
of Minn. Stat. §§ 58.13 and 58.18 (Count 3), violation of
RESPA (Count 4), and breach of contract (Count 5), and
any ostensible HAMP claim are DISMISSED WITH
PREJUDICE; and
b. Plaintiffs have adequately stated a claim for negligent and
fraudulent misrepresentation (Count 2) and Defendants’
motion is DENIED with respect to Count 2.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: February 4, 2013

s/ Michael J. Davis
Michael J. Davis
Chief Judge
United States District Court
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