SHERZER et al v. HOMESTAR MORTGAGE SERVICES et al

Filing 85

ORDER THAT THE PLAINTIFFS OBJECTIONS, WHICH RESTATE ARGUMENTS MADE BY THE PLAINTIFFS IN THEIR RESPONSE TO THE DEFENDANTS MOTION AND ADDRESSED BY JUDGE HEY IN THE REPORT AND RECOMMENDATION, ARE OVERRULED. THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE 52 MOTION IS GRANTED. JUDGMENT IS HEREBY ENTERED IN FAVOR OF HOMESTAR MORTGAGE SERVICES AND HSBC BANK USA ANDAGAINST THE PLAINTIFFS ON COUNT I OF THE PLAINTIFFS COMPLAINT. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 10/24/11. 10/25/11 ENTERED AND COPIES MAILED, E-MAILED.(mas, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DANIEL R. SHERZER, et al.

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v.
HOMESTAR MORTGAGE
SERVICES, et al.

CIVIL ACTION

NO. 07-5040

ORDER
AND NOW, this 24th day of October, 2011, upon careful
and independent consideration of the Motion for Judgment on the
Pleadings of Defendants Homestar Mortgage Services, LLC and HSBC
Bank USA, As Trustee (Docket No. 52), the opposition and reply
thereto, and after review of the Report and Recommendation of
United States Magistrate Judge Elizabeth T. Hey (Docket No. 74),
and after consideration of the Plaintiffs’ Objections and Appeal
From The Report and Recommendations Re: Homestar, et al.’s Motion
for Judgment on the Pleadings (Docket No. 83) and the response
thereto, IT IS HEREBY ORDERED, that:
1.

The plaintiffs’ Objections, which restate

arguments made by the plaintiffs in their response to the
defendants motion and addressed by Judge Hey in the Report and
Recommendation, are OVERRULED.
2.
ADOPTED.

The Report and Recommendation is APPROVED and

3.

The motion is GRANTED. Judgment is hereby ENTERED

in favor of Homestar Mortgage Services and HSBC Bank USA and
against the plaintiffs on Count I of the plaintiffs’ complaint.

BY THE COURT:
/s/ Mary A. McLaughlin
MARY A. McLAUGHLIN, J.

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