Smith v. Flagstar Bank et al

Filing 29

REPORT AND RECOMMENDATION: For the reason stated, the undersigned Magistrate Judge RECOMMENDS that the motion for summary judgment filed on behalf of defendant Foundation Financial Group, LLC, should be GRANTED, and that all claims against this defendant only should be DISMISSED with prejudice. Signed by Magistrate Judge John S. Bryant on 7/25/11. (tmw)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
GENA SMITH,
Plaintiff,
v.
FLAGSTAR BANK, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

NO. 3:11-0309
Judge Haynes/Bryant

TO: The Honorable William J. Haynes, Jr.
REPORT AND RECOMMENDATION
Pending in this case is defendant Foundation Financial
Group, LLC’s motion for summary judgment (Docket Entry No. 9).

As

grounds for this motion, defendant Foundation states that there is
no dispute regarding any material fact, and that it is entitled to
judgment as a matter of law.
In response to this motion, plaintiff and defendant
Foundation have filed a paper entitled “Summary Judgment” (Docket
Entry No. 16), which appears, at least to this Magistrate Judge, to
amount to a stipulation by plaintiff and this defendant that
defendant’s motion for summary judgment should be granted, and that
all claims in the complaint against this defendant only should be
dismissed with prejudice.
Based upon the foregoing, the undersigned Magistrate
Judge finds that defendant Foundation’s motion for summary judgment
should be GRANTED.

RECOMMENDATION
For the reason stated above, the undersigned Magistrate
Judge RECOMMENDS that the motion for summary judgment filed on
behalf of defendant Foundation Financial Group, LLC, should be
GRANTED, and that all claims against this defendant only should be
DISMISSED with prejudice.
Under Rule 72(b) of the Federal Rules of Civil Procedure,
any party has fourteen (14) days from service of this Report and
Recommendation in which to file any written objections to this
Recommendation, with the District Court.

Any party opposing said

objections shall have fourteen (14) days from receipt of any
objections filed in this Report in which to file any responses to
said objections.

Failure to file specific objections within

fourteen (14) days of receipt of this Report and Recommendation can
constitute a waiver of further appeal of this Recommendation.
Thomas v. Arn, 474 U.S. 140 (1985), reh’g denied, 474 U.S. 1111
(1986).
ENTERED this 25th day of July, 2011.
s/ John S. Bryant
JOHN S. BRYANT
United States Magistrate Judge

2