Magnusson v. Ocwen Loan Servicing et al

Filing 37

MEMORANDUM DECISION AND ORDER ADOPTING 28 REPORT AND RECOMMENDATIONS; adopting Report and Recommendations (denying) re 8 Motion for Default Judgment; adopting Report and Recommendations (granting) re 10 Motion to Dismiss for Failure to State a Claim - all claims against Cenlar Federal Savings Bank are dismissed without prejudice. Signed by Judge David Nuffer on 8/21/14 (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
SHARON MAGNUSSON,
Plaintiff,

MEMORANDUM DECISION AND
ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
Case No. 2:14-cv-161-DN-DBP
OCWEN LOAN SERVICING, LLC, and
NATIONSTAR MORTGAGE, LLC, and
CENLAR FSB, and JANE AND JOHN
DOES 1-10,

District Judge David Nuffer

Defendants.

Before the Court is the Report and Recommendation (R & R) by United States Magistrate
Judge Dustin Pead, 1 recommending that this Court (1) deny Plaintiff Magnusson’s motion for
default judgment, and (2) grant Defendant Cenlar’s motion to dismiss without prejudice. 2
The parties were notified of their right to file objections to the R & R within 14 days of
service pursuant to 28 U.S.C. § 636(b) and Rule 72(b) of the Federal Rules of Civil Procedure. 3
Magnusson filed a timely objection 4 in which she argues that the court should have accepted the
arguments in her brief rather than the arguments presented by the opposing party.
Pursuant to 28 U.S.C. § 636(b) and Rule 72(b)(3), the Court has reviewed de novo all
materials, including the record that was before the magistrate judge and the reasoning set forth in
the Report and Recommendation. The Court agrees with the analysis and conclusion of the
magistrate judge.
1

Report & Recommendation (R & R), docket no. 28, filed June 20, 2014.

2

Id. at 7.

3

Id.

4

Objection to Report and Recommendation (Objection), docket no. 31, filed July 3, 2014.

Accordingly, the court ADOPTS the R & R and Magnusson’s objection is
OVERRULED.
IT IS HEREBY ORDERED that Magnusson’s Motion for Default Judgment 5 is
DENIED.
IT IS FURTHER ORDERED that Cenlar’s Motion to Dismiss 6 is GRANTED and all
claims against Cenlar are dismissed WITHOUT PREJUDICE.

Signed August 21, 2014.
BY THE COURT

________________________________________
District Judge David Nuffer

5

Motion for Entry of Default Judgment, docket no. 8, filed March 28, 2014.

6

Motion to Dismiss, docket no. 10, filed April 4, 2014.

2