Toncz v. Bank of America, N.A. et al

Filing 36

ORDER ADOPTING REPORT AND RECOMMENDATIONS: Magistrate Judge Griffin has entered a Report and Recommendation (Docket No. 34 ), recommending that Defendants' unopposed Motions to Dismiss be granted, and that this action be dismissed. Despite be ing informed that any objection were to be filed within fourteen days of service, the parties have filed no objections to the Report and Recommendation. Having considered the record and undertaken the de novo review required by Rule 72(b) of the F ederal Rules of Civil Procedure, the Court agrees with Magistrate Judge Griffin's recommended disposition. Accordingly, the Report and Recommendation (Docket No. 34 ) is hereby ACCEPTED andAPPROVED. The Clerk of the Court shall enter judgment on a separate document in favor of theDefendants in accordance with Rule 58 of the Federal Rules of Civil Procedure.It is SO ORDERED. Signed by District Judge Kevin H. Sharp on 4/25/2013. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
MONICA E. TONCZ,
Plaintiff,
v.
BANK OF AMERICA, N.A., et. al.,
Defendants.

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No. 3:12-1010
Judge Sharp

ORDER
Magistrate Judge Griffin has entered a Report and Recommendation (Docket No. 34),
recommending that Defendants’ unopposed Motions to Dismiss be granted, and that this action be
dismissed. Despite being informed that any objection were to be filed within fourteen days of
service, the parties have filed no objections to the Report and Recommendation.
Having considered the record and undertaken the de novo review required by Rule 72(b) of
the Federal Rules of Civil Procedure, the Court agrees with Magistrate Judge Griffin’s
recommended disposition. Accordingly,
(1) The Report and Recommendation (Docket No. 34) is hereby ACCEPTED and
APPROVED;
(2) The Motion to Dismiss filed by Defendants Wells Fargo Bank, N.A., Bank of America,
N.A., America’s Wholesale Lenders, HSBC Bank, and Mortgage Electronic Registrations Systems,
Inc. (Docket No. 11) is hereby GRANTED, and the claims against those Defendants are hereby
DISMISSED pursuant to Rule 4(m) and Rule 12(b)(5) of the Federal Rules of Civil Procedure for
lack of service of process;

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(3) The Motion to Dismiss filed by Defendant Rubin Lublin TN, PLLC (Docket No. 14) is
hereby GRANTED and the claims against that Defendant are hereby DISMISSED pursuant to Rule
4(m) and Rule 12(b)(5) of the Federal Rules of Civil Procedure for lack of service or process; and
(4) The Motion to Dismiss filed by Deutsche Bank, AG (Docket No. 25) is hereby
GRANTED, and the claims against that Defendant are hereby DISMISSED pursuant to Rule
12(b)(2) of the Federal Rules of Civil Procedure for lack of personal jurisdiction.
The Clerk of the Court shall enter judgment on a separate document in favor of the
Defendants in accordance with Rule 58 of the Federal Rules of Civil Procedure.
It is SO ORDERED.
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KEVIN H. SHARP
UNITED STATES DISTRICT JUDGE

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