Washington v. EverBank et al

Filing 78

ORDER by Judge Susan J. Dlott granting 52 Motion for Summary Judgment; denying 54 Motion for Summary Judgment; adopting Report and Recommendations re 73 Report and Recommendations.; granting 74 Motion for Discovery; this matter will proceed to trial on plaintiff's fraud claim and to determine the amount of damages for her RESPA and FDCPA claims; status/scheduling conference set for July 20, 2017 at 10:00 AM in Room 227. (vp)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Jonna Washington, : : : : : : : : : Plaintiff(s), vs. Green Tree Servicing LLC, et al., Defendant(s). Case Number: 1:15cv354 Judge Susan J. Dlott ORDER This matter is before the Court pursuant to the Order of General Reference in the United States District Court for the Southern District of Ohio Western Division to United States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings and filed with this Court on May 5, 2017 a Report and Recommendation (Doc. 73). Subsequently, the defendant filed objections to such Report and Recommendation (Doc. 77). The Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that such Recommendation should be adopted. Accordingly, plaintiff’s motion for summary judgment (Doc. 52) is GRANTED. Defendants’ motion for summary judgment (Doc. 54) is DENIED. This matter will proceed to trial on plaintiff’s fraud claim and to determine the amount of damages for her RESPA and FDCPA claims. Plaintiff filed a motion for leave to conduct discovery and to request a status conference (Doc. 74). Therefore, this case is set for a status/scheduling conference on July 20, 2017 at 10:00 AM in Room 227 in the Potter Stewart Courthouse, 100 East Fifth Street, Cincinnati, OH 45202 before Judge Susan J. Dlott. IT IS SO ORDERED. ___s/Susan J. Dlott___________ Judge Susan J. Dlott United States District Court

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