Leblow et al v. BAC Home Loans Servicing, LP et al

Filing 34

ORDER adopting 33 Memorandum and Recommendations; granting 13 , 14 & 32 Motions to Dismiss. It is further ordered that the Plaintiff shall show good cause in writing within 14 days of service of this Order for the failure to effect service on the Defendants US Mortgage Corporation and Ratestar, Inc. Signed by District Judge Martin Reidinger on 05/25/2013. (Pro se litigant served by US Mail.)(thh)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:12-cv-00246-MR-DLH

JAMES R. LEBLOW,

)
)
Plaintiff,
)
)
vs.
)
)
)
BAC HOME LOANS SERVICING, LP; )
BANK OF AMERICA; HOME
)
OWNERS LOAN CORPORATION;
)
US MORTGAGE CORPORATION;
)
COUNTRYWIDE HOME LOANS, INC.; )
MERSCORP; BANK OF NEW YORK )
MELLON; BROCK & SCOTT, PLLC; )
and RATESTAR, INC.,
)
)
Defendants.
)
________________________________ )

ORDER

THIS MATTER is before the Court on the Defendants’ Motions to
Dismiss [Docs. 13, 14, 32] and the Magistrate Judge’s Memorandum and
Recommendation [Doc. 33] regarding the disposition of those motions.
Pursuant to 28 U.S.C. § 636(b) and the standing Orders of
Designation of this Court, the Honorable Dennis L. Howell, United States
Magistrate Judge, was designated to consider the motions to dismiss and
to submit a recommendation for their disposition.

On May 3, 2013, the Magistrate Judge filed a Memorandum and
Recommendation in this case containing proposed conclusions of law in
support of a recommendation regarding the Defendants’ motions. [Doc.
33].

The parties were advised that any objections to the Magistrate

Judge’s Memorandum and Recommendation were to be filed in writing
within fourteen (14) days of service.

The period within which to file

objections has expired, and no written objections to the Memorandum and
Recommendation have been filed.
After a careful review of the Magistrate Judge’s Recommendation
[Doc. 33], the Court finds that the proposed conclusions of law are
consistent with current case law. Accordingly, the Court hereby accepts
the Magistrate Judge’s Recommendation that the Defendants’ Motions to
Dismiss should be granted and the Plaintiff’s claims against the Defendants
Bank of America, BAC Home Loans Servicing, LP, The Bank of New York
Mellon, MERSCORP, Countrywide Home Loans Inc., Home Owners Loan
Corporation, and Brock & Scott, PLLC should be dismissed.
With the dismissal of the above-referenced Defendants, the only
Defendants remaining in this action are US Mortgage Corporation and
Ratestar, Inc. The record fails to indicate, however, that the Plaintiff has
served these Defendants.
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Rule 4(m) of the Federal Rules of Civil Procedure provides, in
pertinent part, as follows:
If a defendant is not served within 120 days after
the complaint is filed, the court – on motion or on its
own after notice to the plaintiff – must dismiss the
action without prejudice against that defendant or
order that service be made within a specified time.
But if the plaintiff shows good cause for the failure,
the court must extend the time for service for an
appropriate period.
Fed. R. Civ. P. 4(m).
The Plaintiff is hereby placed on notice that unless good cause is
shown to the Court for his failure to effect service of the Summons and
Complaint on Defendants US Mortgage Corporation and Ratestar, Inc.
within fourteen (14) days from service of this Order, the Plaintiff’s action
against these Defendants shall be dismissed without prejudice without
further order.

ORDER
IT IS, THEREFORE, ORDERED that the Memorandum and
Recommendation [Doc. 33] is ACCEPTED; the Defendants’ Motions to
Dismiss [Doc. 13, 14, 32] are GRANTED; and the Plaintiff’s claims against
the Defendants Bank of America, BAC Home Loans Servicing, LP, The
3

Bank of New York Mellon, MERSCORP, Countrywide Home Loans, Inc.,
Home Owners Loan Corporation, and Brock & Scott, PLLC are hereby
DISMISSED.
IT IS FURTHER ORDERED that the Plaintiff shall show good cause
in writing within fourteen (14) days of service of this Order for the failure to
effect service on the Defendants US Mortgage Corporation and Ratestar,
Inc. Failure of the Plaintiff to respond in writing within fourteen (14)
days shall result in a dismissal without prejudice of this action
without further order of the Court.
IT IS SO ORDERED.

Signed: May 25, 2013

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