Mullins et al v. PennyMac Loan Services, LLC et al

Filing 50

DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 49 ); SUSTAINING DEFENDANTS GOVERNMENT NATIONAL MORTGAGE ASSOCIATION AND UNITED STATES DEPARTMENT OF AGRICULTURE'S UNOPPOSED MOTION TO DI SMISS (DOC. # 47 ), AND DISMISSING WITHOUT PREJUDICE ALL CLAIMS AGAINST THEM FOR LACK OF SUBJECT MATTER JURISDICTION; DISMISSING WITHOUT PREJUDICE ALL CLAIMS AGAINST FRIENDLY FINANCIAL SERVICES, ALL PERSONS UNKNOWN, CLAIMING ANY LEGAL OR EQUI TABLE RIGHT, TITLE, ESTATE, LIEN OR INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT, AND DOES 1-100; JUDGMENT TO ENTER IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFFS; TERMINATION ENTRY - Based on the reasoning and citations of authority s et forth by United States Magistrate Judge Michael R. Merz, in his October 18, 2016, Report and Recommendations (Doc. # 49 ), as well as upon a thorough de nova review of this Court's file and the applicable law, the Court ADOPTS said judici al filing in its entirety, SUSTAINS Defendants Government National Mortgage Association and United States Department of Agriculture's unopposed Motion to Dismiss (Doc. # 47 ), and DISMISSES WITHOUT PREJUDICE all claims asserted against them, for lack of subject matter jurisdiction. The Court notes that, although the parties were notified of their right to file Objections to the Report and Recommendations, and of the consequences of failing to do so, no Objections have been filed withi n the time allotted. As Magistrate Judge Merz pointed out, Defendant Friendly Financial Services was never served with a copy of the Complaint and Summons, see Doc. # 42 , and Plaintiffs have failed to show good cause for the failure of service . Likewise, the record indicates that Defendants identified in the Complaint as "All Persons Unknown, claiming any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property Described in the Complaint Adverse to Plaintiffs� 39; Title or Any Cloud on Plaintiffs' Title Thereto," and "Does 1-100, inclusive," have never been identified or served with a copy of the Complaint and Summons. Accordingly, all claims against these Defendants are DISMISSED W ITHOUT PREJUDICE. All claims against Defendants Penny Mac Loan Services, LLC, Bank of America, N.A., Mortgage Electronic Registration, Inc., Laurito and Laurito, LLC, and Deutsche Bank Trust Company, have previously been dismissed. Docs. ## 43 , [4 6]. Given that all claims asserted in the Complaint have now been dismissed, judgment shall be entered in favor of Defendants and against Plaintiffs. The captioned case is hereby ordered terminated upon the docket records of the United States Distr ict Court for the Southern District of Ohio, Western Division, at Dayton. Signed by Judge Walter H. Rice on 11/14/2016. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)