Witthuhn v. Nationstar Mortgage, LLC et al

Filing 72

ORDER adopting Report and Recommendation 69 - Nationstar Mortgage's motion for summary judgment or, in the alternative, to dismiss for failure to prosecute 52 is GRANTED to the extent Nationstar Mortgage seeks dismissal for failure to prosecute. This action is DISMISSED WITH PREJUDICE. (Written Opinion) Signed by Judge Joan N. Ericksen on August 26, 2014. (CBC)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Douglas Witthuhn,
Plaintiff,
v.

Civil No. 13-680 (JNE/JJK)
ORDER

Nationstar Mortgage, LLC, Aurora Bank,
FSB, Mortgage Electronic Registration
Systems, Inc., MERSCORP, Inc., and all
other persons unknown claiming any right,
title, estate, interest, or lien in the real estate
described in the complaint herein,
Defendants.
In a Report and Recommendation dated August 8, 2014, the Honorable Jeffrey J.
Keyes, United States Magistrate Judge, recommended that Nationstar Mortgage, LLC’s
motion for summary judgment or, in the alternative, to dismiss for failure to prosecute be
granted to the extent Nationstar Mortgage seeks dismissal for failure to prosecute; and
that Plaintiff’s remaining claim be dismissed with prejudice. 1 Plaintiff did not object.
Having conducted a de novo review of the record, the Court adopts the Report and
Recommendation [Docket No. 69]. See D. Minn. LR 72.2(b).
Based on the files, records, and proceedings herein, and for the reasons stated
above, IT IS ORDERED THAT:
1.

Nationstar Mortgage’s motion for summary judgment or, in the alternative,
to dismiss for failure to prosecute [Docket No. 52] is GRANTED to the
extent Nationstar Mortgage seeks dismissal for failure to prosecute.

1

In June 2013, the Court granted in part and denied in part Defendants’ motion to
dismiss.
1

2.

This action is DISMISSED WITH PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: August 26, 2014
s/Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge

2