Miller et al v. US Bank, NA et al

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 26 Report and Recommendations - The Court has reviewed the Report and Recommendation of Magistrate Judge Michael J. Newman (Doc. # 26 ), to whom this case was referred pursuant to 28 U.S.C. § 636 (b). The parties have not filed objections to the Report and Recommendation and the time for filing such objections under Fed. R. Civ. P. 72(b) has expired. Accordingly, it is hereby ORDERED that: (1) The Report and Recommendation (Doc. # 26 ) is ADO PTED in full; (2) Defendants' partial motion to dismiss (doc. # 5 ) is GRANTED IN PART and DENIED IN PART; (3) Counts Three, Nine, and Ten of Plaintiffs' complaint are hereby DISMISSED; and (4) Count One of Plaintiffs' complaint is DISMISSED to the limited extent Plaintiffs contend that Defendants' creation of an escrow account violated the Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. § 2605. Signed by Judge Walter H. Rice on 2/2/18. (kma)