Residential Funding Company, LLC v. Terrace Mortgage Company

Filing 74

ORDER. IT IS HEREBY ORDERED: 1. The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Janie S. Mayeron dated May 30, 2014 67 . 2. Defendant's Motion to Dismiss Plaintiff's First Amended Complaint 45 is DENIED. (Written Opinion). Signed by Chief Judge Michael J. Davis on 8/12/14. (GRR)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

RESIDENTIAL FUNDING COMPANY, LLC,
Plaintiff,
v.

ORDER
Civil File No. 13-3517 (MJD/JSM)

TERRACE MORTGAGE COMPANY,
Defendant.
David Elsberg and Peter E. Calamari, Quinn Emanuel Urquhart & Sullivan LLP,
Donald G. Heeman and Jessica J. Nelson, Felhaber Larson, Jeffrey A. Lipps and
Jennifer A.L. Battle, Carpenter Lipps & Leland LLP, Counsel for Plaintiff.
Aaron P.M. Tady and Thomas M. Barton, Coles Barton LLP, C.J. Schoenwetter
and John D. Sear, Bowman & Brooke LLP, Counsel for Defendant.

The above-entitled matter comes before the Court upon the Report and
Recommendation of United States Magistrate Judge Janie S. Mayeron, dated May
30, 2014. [Docket No. 67] Defendant filed objections to the Report and
Recommendation. [Docket No. 70]
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

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Court adopts the Report and Recommendation of United States Magistrate Judge
Mayeron dated May 30, 2014.
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 Janie S. Mayeron dated May 30, 2014 [Docket No. 67].
2. Defendant’s Motion to Dismiss Plaintiff’s First Amended
Complaint [Docket No. 45] is DENIED.

Dated: August 12, 2014

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

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