Rasmussen et al v. Wells Fargo Home Mortgage et al

Filing 18

MEMORANDUM DECISION AND ORDER ADOPTING 17 REPORT AND RECOMMENDATIONS: granting 12 Motion to Dismiss for Failure to State a Claim; granting 13 Motion to Dismiss for Failure to State a Claim. Signed by Judge David Nuffer on 5/1/13 (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
MATT R. RASMUSSEN AND CAMMY C.
RASMUSSEN,
Plaintiffs,

v.

MEMORANDUM DECISION AND ORDER
ADOPTING REPORT &
RECOMMENDATION

WELLS FARGO HOME MORTGAGE,
a California corporation; SECURITY
NATIONAL MORTGAGE, a Utah
corporation,

Case No. 2:12-cv-1099-DN
District Judge David Nuffer

Defendants.
Before the Court is the Report and Recommendation issued by United States Magistrate
Judge Brooke C. Wells issued on April 10, 2013, 1 recommending that this Court: (1) grant the
motion to dismiss filed by Defendant Wells Fargo Bank, N.A. 2 and (2) grant the motion to
dismiss filed by Defendant Security National Mortgage. 3
The parties were notified of their right to file objections to the Report and
Recommendation within 14 days of service pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P.
72(b). As of the date of this order, the Court has not received any objections to the Report and
Recommendation from any of the parties.
Pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b)(3), the Court has reviewed de
novo all materials, including the record that was before the magistrate judge and the reasoning

1

Docket no. 17.

2

Docket no. 12, filed January 16, 2013.

3

Docket no. 13, filed January 22, 2013.

set forth in the Report and Recommendation. The Court agrees with the analysis and conclusion
of the magistrate judge, and will adopt the Report and Recommendation. Accordingly,
IT IS HEREBY ORDERED that the Report and Recommendation (docket no. 17) is
ADOPTED.
IT IS FURTHER ORDERED that the motion to dismiss filed by Defendant Wells Fargo
Bank, N.A. (docket no. 12) is GRANTED.
IT IS FURTHER ORDERED that the motion to dismiss filed by Defendant Security
National Mortgage (docket no. 13) is GRANTED.
Signed May 1, 2013.
BY THE COURT

________________________________________
David Nuffer
United States District Judge

2