Parris v. PNC Mortgage

Filing 13

ORDER granting in part and denying in part 3 Defendant's Motion to Dismiss for Failure to State a Claim; adopting 10 the Magistrate Judge's Report and Recommendations. Copies distributed to all parties on 7/28/14. Signed by Chief District Judge Rebecca Beach Smith and filed on 7/28/14. (tbro)

FILED
UNITED

STATES

DISTRICT

EASTERN DISTRICT

COURT

OF VIRGINIA

JUL

2 8 2014

Norfolk Division

CLERK, U S. IHSIRiC] COURT
PAMELA A.

PARRIS,

Plaintiff,
ACTION NO.

v.

PNC MORTGAGE,
PNC

BANK,

2:14cvl42

a division of

N.A.,

Defendant.

ORDER

This

matter

comes

before

the

court

on defendant's

Dismiss (ECFNo. 3) filed on April 23, 2014.

Motion

to

The matter was referred

to a United States Magistrate Judge by Order of June 2, 2014 (ECF No.
9) , pursuant to the provisions of 28 U. S. C. § 636 (b) (1) (B) and Federal

Rule

of

Civil

Procedure

72(b),

to

conduct

hearings,

including

evidentiary hearings, if necessary, and to submit to the undersigned

proposed findings of fact, if applicable, and recommendations for the
disposition of

the matter.

The United States Magistrate Judge's Report and Recommendation
(ECF No.

10)

was

filed on July

7,

2014.

The

magistrate

judge

recommended denying in part and granting in part defendant's Motion
to Dismiss.

By copy of the report and recommendation of the magistrate judge,
the parties were advised of their right to file written objections
thereto.

On July 21, 2014, the plaintiff filed an Objection to the

Magistrate's Report and Recommendation (ECF No. 11) , and on July 22,
2014, the plaintiff withdrew her Objection (ECF No. 12).

The court

has received no other objections to the magistrate judge's report and
recommendation, and the time for filing same has expired.

The court

does hereby adopt and approve in full the findings and recommendations
set forth in the Report and Recommendation of

Magistrate Judge filed July 7, 2014.

the United States

Accordingly, the defendant's

Motion to Dismiss is DENIED in part, and GRANTED in part,

but only

to the extent that the request for punitive damages be stricken.
The Clerk shall forward a copy of this Order to all parties of
record.

hi

It is so ordered.

Rebecca Beach Smith
Chief

United States District Judge
REBECCA

CHIEF

July

°\V\

, 2014

BEACH

UNITED

SMITH

STATES

DISTRICT

JUDGE