Jackson v. WMC Mortgage, Corp. et al

Filing 39

ORDER adopting 38 Report and Recommendations re 8 Motion for Summary Judgment, 19 Motion to Amend/Correct, and 34 Motion for Leave to File; denying 19 Motion to Amend/Correct; denying 34 Motion for Leave to File; granting 8 Motion for Summary Judgment. Signed by Judge Jon Phipps McCalla on 10/08/2013. (McCalla, Jon)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
OTIS JACKSON, JR.,
Plaintiff,
v.
WMC MORTGAGE CORPORATION, et
al.
Defendants.

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No. 2:12-cv-02914-JPM-cgc

ORDER ADOPTING THE REPORT AND RECOMMENDATION; DENYING PLAINTIFF’S
MOTION FOR LEAVE TO AMEND COMPLAINT; DENYING PLAINTIFF’S MOTION
FOR LEAVE TO FILE SECOND AMENDED COMPLAINT AND SUPPLEMENTAL
COMPLAINT; AND GRANTING MOTION FOR SUMMARY JUDGMENT SUBMITTED BY
WELLS FARGO AND MERS

Before the Court is the Magistrate Judge’s “Report and
Recommendation on Wells Fargo and MERS’ Motion for Summary
Judgment, Plaintiff’s Motion for Leave to Amend Complaint, and
Plaintiff’s Motion for Leave to File Second Amended Complaint
and Supplemental Complaint” (the “Report and Recommendation”),
filed September 18, 2013.

(ECF No. 38.)

In the Report and

Recommendation, the Magistrate Judge recommends that Plaintiff’s
Motion for Leave to Amend Complaint, filed February 11, 2013
(ECF No. 19), and Plaintiff’s Motion for Leave to File Second
Amended Complaint and Supplemental Complaint, filed August 14,
2013 (ECF No. 34), be denied.

(ECF No. 38 at 25.)

The

Magistrate further recommends that the Motion for Summary
Judgment, filed December 18, 2012(ECF No. 8), by Wells Fargo

Home Mortgage and America’s Servicing Company (collectively,
“Wells Fargo”), and Mortgage Electronic Registration Systems,
Inc. (“MERS”), be granted.

(ECF No. 38 at 25.)

Pursuant to

Federal Rule of Civil Procedure 72(b)(2), “[w]ithin 14 days
after being served with a copy of the recommended disposition, a
party may serve and file specific written objections to the
proposed findings and recommendations.”
Fed. R. Civ. P. 72(b)(2).

No objections to the Report and

Recommendation have been filed, and the time for filing
objections expired on Wednesday, October 2, 2013.

See Fed. R.

Civ. P. 5(b)(2), 6(d), 72(b)(2).
“When no timely objection is filed, the court need only
satisfy itself that there is no clear error on the face of the
record in order to accept the recommendation.”
Fed. R. Civ. P. 72(b) advisory committee notes.

On clear-error

review of the Magistrate Judge’s Report and Recommendation, the
Court hereby ADOPTS the Report and Recommendation (ECF No. 38)
in its entirety.
Accordingly, Plaintiff’s Motion for Leave to Amend
Complaint (ECF No. 19) and Plaintiff’s Motion for Leave to File
Second Amended Complaint and Supplemental Complaint (ECF No. 34)

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are DENIED.

Furthermore, the Motion for Summary Judgment

(ECF No. 8) submitted by Wells Fargo and MERS is GRANTED.1

IT IS SO ORDERED, this 8th day of October, 2013.
/s/ Jon P. McCalla
JON P. McCALLA
U.S. DISTRICT COURT JUDGE

1

Following the entry of this Order, the remaining defendants in this matter
are WMC Mortgage Corporation and Arnold M. Weiss.

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