Sartori v. Steider & Associates, P.C. et al

Filing 52

ORDER by District Judge Judith C. Herrera adopting 50 Report and Recommendations, granting 16 Defendants Sunwest Trust, Inc., Terry White, Molly Bency, and Fred Hermann's Motion for Judgment on the Pleadings and dismisses Counts I thru XV of 5 First Amended Complaint and denies as moot 22 Motion to Strike the Affirmative Defenses of Sunwest Trust, Inc., Terry White, Molly Bency and Fred Hermann. (baw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ROBERT F. SARTORI,
Plaintiff,
v.
STEIDER & ASSOCIATES,
P.C.,TIMOTHY D. STEIDER,
SUNWEST TRUST, INC., TERRY
WHITE, MOLLY BENCY, FRED
HERMANN, TIM STEIDER,

1:15-cv-00991-JCH-LF

Defendants.

ORDER ADOPTING MAGISTRATE JUDGE’S
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
ON DEFENDANTS SUNWEST TRUST, INC., TERRY WHITE, MOLLY BENCY, AND
FRED HERMANN’S MOTION FOR JUDGMENT ON THE PLEADINGS
The magistrate judge filed her Proposed Findings and Recommended Disposition (Doc.
50) on defendants Sunwest Trust, Inc., Terry White, Molly Bency, and Fred Hermann’s Motion
for Judgment on the Pleadings (Doc. 16) on January 19, 2017. The proposed findings notified
the parties of their ability to file objections within fourteen (14) days and that failure to do so
waived appellate review. To date, the parties have not filed any objections and there is nothing
in the record indicating that the proposed findings were not delivered.
Wherefore,
IT IS HEREBY ORDERED AS FOLLOWS:
1.

The Magistrate Judge’s Proposed Findings and Recommended Disposition (Doc.
50) are ADOPTED;

2.

The Court GRANTS defendants Sunwest Trust, Inc., Terry White, Molly Bency,
and Fred Hermann’s Motion for Judgment on the Pleadings (Doc. 16) and
dismisses Counts I thru XV of Mr. Sartori’s First Amended Complaint (Doc. 5).

3.

The Court DENIES as moot plaintiff Robert F. Sartori’s Motion to Strike the

Affirmative Defenses of Sunwest Trust, Inc., Terry White, Molly Bency and Fred
Hermann (Doc. 22).

______________________________________
UNITED STATES DISTRICT JUDGE

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