Ayala v. American Home Mortgage Servicing et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Case Closed.; denying 10 Motion to Amend/Correct; denying 10 Motion to Remand to State Court Case Closed. Magistrate Judge Paul M. Warner no longer assigned to case; granting 11 Motion to Dismiss. Magistrate Judge Paul M. Warner no longer assigned to case; adopting Report and Recommendations re 16 Report and Recommendations. Signed by Judge Dee Benson on 7/30/2011. (rlr)

IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION

GRACE JOSIE AYALA,
Plaintiff,

ORDER ADOPTING REPORT AND
RECOMMENDATION

v.

AMERICAN HOME MORTGAGE
SERVICING, INC.,

Case No. 2:11-CV-77
Judge Dee Benson

Defendant.

Before the Court is the Report and Recommendation issued by United States Magistrate
Judge Paul Warner on June 8, 2011, recommending (1) that Plaintiff’s motion for leave to amend
her complaint and to remand to state court be denied, and (2) that Defendant’s motion to dismiss
and release lis pendens be granted.
The parties were notified of their right to file objections to the Report and
Recommendation within fourteen (14) days after receiving it. Neither party has filed such an
objection.
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Having reviewed all relevant materials, including the reasoning set forth in the
Magistrate Judge’s Report and Recommendation, the Court ADOPTS the Report and
Recommendation. Accordingly, the Court hereby:
(1) DENIES Plaintiff’s motion for leave to amend her complaint and to remand to state
court (Doc. No. 10); and
(2) GRANTS Defendant’s motion to dismiss and release lis pendens.
IT IS SO ORDERED.
Dated this 30th day of July, 2011.

__________________________________
Dee Benson
United States District Judge

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