James et al v. Ocwen Loan Servicing, LLC

Filing 44

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 40 Report and Recommendations. The Court OVERRULES the Objections and AFFIRMS the Report and Recommendation. However, the Court clarifies that Plaintiffs cannot argue in subsequent proceedings that Defendant violated 15 U.S.C. § 1692d(5) because they did not expressly or impliedly state such a claim in the Complaint.. Signed by Judge Susan J. Dlott on 3/6/18. (wam)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
H. Anthony James, et al.,
Plaintiffs,
v.
Ocwen Loan Servicing, LLC.,
Defendant.

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Case No. 1:17-cv-501
Judge Susan J. Dlott
Order Overruling the Objections and
Affirming the Report and
Recommendation

This matter was referred to United States Magistrate Judge Stephanie K. Bowman.
Pursuant to such reference, the Magistrate Judge reviewed the pleadings and issued a Report and
Recommendation (Doc. 40) on December 12, 2017. Subsequently, Defendant filed Objections
(Doc. 42) to the Report and Recommendation.
The Court has reviewed the comprehensive findings of the Magistrate Judge and
considered de novo the filings in this matter as required by Rule 72(b) of the Federal Rule of
Civil Procedure. Upon consideration of the foregoing, the Court OVERRULES the Objections
and AFFIRMS the Report and Recommendation. However, the Court clarifies that Plaintiffs
cannot argue in subsequent proceedings that Defendant violated 15 U.S.C. § 1692d(5) because
they did not expressly or impliedly state such a claim in the Complaint.
IT IS SO ORDERED.
Dated this 6th day of March, 2018.
BY THE COURT:

S/Susan J. Dlott___________
Susan J. Dlott
United States District Judge