Knutson et al v. MGC Mortgage

Filing 12

ORDER ADOPTING 11 REPORT AND RECOMMENDATIONS re 4 Motion to Dismiss for Lack of Jurisdiction: case is dismissed. Signed by Judge Jill N. Parrish on 10/20/15 (alt)

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

BRENDA K. KNUTSON, an individual,
and DOUGLAS SCOTT KNUTSON, an
individual,

ORDER ADOPTING REPORT AND
RECOMMENDATION

Plaintiffs,
Case No. 2:15-cv-289
v.
Judge Jill N. Parrish
MGC MORTGAGE, INC., a Texas
Corporation
Defendant.

On September 14, 2015, United States Magistrate Judge Dustin B. Pead issued an order
to show cause requiring Plaintiffs Brenda and Douglas Knutson to show cause as to why their
case should not be dismissed for the reasons set forth in the Defendant’s motion to dismiss.
(Docket 10). Plaintiffs were directed to respond to that order within fourteen days and were
warned that a failure to do so would result in a recommendation that the case be dismissed. The
Plaintiffs did not file any response.
On October 5, 2015, Judge Pead filed a Report & Recommendation. (Docket 11). Judge
Pead’s recommendation was that this case be dismissed because the Plaintiffs have “failed to
address Defendant’s motion to dismiss or establish [diversity] jurisdiction by alleging that the
amount in controversy exceeds the minimum required $75,000.” Judge Pead’s Report and
Recommendation provided that any objection to his recommendation was to be filed within
fourteen days of service. The time to respond has now expired and the court has received no
objections.

Based on the court’s de novo review of the record, the relevant legal authorities, and
Judge Pead’s Report and Recommendation, the court concludes that the Report and
Recommendation is a correct application of the law and the facts. Accordingly, the court
ORDERS as follows:
1. The Recommendation (Docket 11) is ADOPTED IN FULL.
2. The case is DISMISSED.
3. The Clerk of Court is directed to close the case.
SO ORDERED this 20th day of October, 2015.
BY THE COURT:

________________________________________
JILL N. PARRISH
United States District Judge

2