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)

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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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