Zahratka v. US Bank National Association et al

Filing 29

ORDER: The court, having reviewed the record in its entirety and having examined the Objections and made de novo findings with respect thereto, does ADOPT AND APPROVE IN FULL the findings and recommendations set forth in the R&R 26 . The Plaintiff&# 039;s Motion to Remand 7 is DENIED. Defendant U.S. Bank's Motion to Dismiss 15 is GRANTED. Defendant Trustee Services' Motion to Dismiss 5 is DENIED AS MOOT as to Counts One, Two, and Three of the Complaint, and GRANTED as it relates to Count Four. Counts One and Two of the Complaint are DISMISSED WITH PREJUDICE, and Counts Three and Four are DISMISSED WITHOUT PREJUDICE with leave to amend, within 21 days of the entry of this Order. Signed by District Judge Rebecca Beach Smith on 08/27/2020. (bboy, )

Case 2:20-cv-00208-RBS-DEM Document 29 Filed 08/27/20 Page 1 of 3 PageID# 210

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
Norfolk Division
KELLY ZAHRATKA,
Plaintiff,
Case No.

v.

2:20cv208

U.S. BANK NATIONAL ASSOCIATION,
and
TRUSTEE SERVICES OF VIRGINIA, LLC,
Defendants.
ORDER

This matter comes before the court on the Defendants, U.S. Bank
National Association {"U.S. Bank") and Trustee Services of Virginia,
LLC, {"Trustee Services") {collectively, "Defendants"), Motions to
Dismiss Plaintiff's Complaint.

ECF Nos. 5, 15.

The Plaintiff,

Kelly Zahratka, opposes the Motions to Dismiss and seeks a remand
to the Norfolk Circuit Court.

ECF No. 7.

After briefing on the Motions, on June 9, 2020, this court
referred the Motion to United States Magistrate Judge Douglas E.
Miller pursuant to the provisions of 28 U.S.C. § 636{b) {1) (B) and
Federal Rule of Civil Procedure 72 {b}, to conduct necessary hearings,
including evidentiary hearings, if necessary, and to submit to the
undersigned district judge proposed findings of fact, if applicable,
and recommendations for the disposition of the Motions to Dismiss
and Motion to Remand.

ECF No. 24.

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