Kesler v. Countrywide Home Loans et al
Filing
57
ORDER ADOPTING 15 REPORT AND RECOMMENDATIONS Denying 7 Plaintiff's Motion for a Special Master. Signed by Judge Robert J. Shelby on 9/17/18. (dla)
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH – CENTRAL DIVISION
ALICIA KESLER,
Plaintiff,
ORDER ADOPTING REPORT &
RECOMMENDATION DENYING
PLAINTIFF’S MOTION FOR A
SPECIAL MASTER
v.
Case No. 2:18-CV-00469-RJS-BCW
COUNTRYWIDE HOME LOANS, et al.,
Defendants.
Judge Robert J. Shelby
Magistrate Judge Brooke C. Wells
Plaintiff Alicia Kesler filed this consumer fraud case against numerous Defendants
following the foreclosure and sale of her home.1 The court referred the case to Magistrate Judge
Brooke C. Wells pursuant to 28 U.S.C. § 636(b)(1)(B).2 Kesler then moved for the appointment
of a special master pursuant to Rule 53, Federal Rules of Civil Procedure.3 On July 10, 2018,
Judge Wells filed a Report & Recommendation in which she recommends that the court deny
Kesler’s Motion.4 In the Report & Recommendation, Judge Wells noted that copies of it “are
being sent to [Kesler] who is hereby notified of her right to object. Within fourteen (14) days
after being served with a copy, [Kesler] may serve and file written objections to such proposed
findings and recommendations . . . . Failure to object may consist a waiver of objections upon
subsequent review.”5
To date, no party has filed an objection to this Report & Recommendation. And having
reviewed the relevant materials, the court finds the reasons reasoning set forth in the Report &
1
Complaint, Dkt. 3.
2
Dkt. 6.
3
Dkt. 7.
4
Dkt. 15.
5
Id. at 3.
Recommendation to be entirely correct. The court adopts the Report & Recommendation, and
DENIES the Motion for Appointment of Special Master.6
SO ORDERED this 17th day of September, 2018.
BY THE COURT:
________________________________________
ROBERT J. SHELBY
United States District Judge
Dkt. 7. It appears Kesler filed another, substantially similar, Motion for Appointment of a Special Master on
August 13, 2018. (Dkt. 40.) Judge Wells denied this Motion in an Order, rather than filing a Report &
Recommendation, on August 27, 2018. (Dkt. 50.)
6
2
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