Allison et al v. Shapiro & Burson, LLP et al

Filing 53

ORDER ADOPTING REPORT AND RECOMMENDATIONS by granting 22 Motion to Dismiss filed by Professional Foreclosure Corporation of America; granting 21 Motion for Joinder filed by Professional Foreclosure Corporation of America; granting 33 Motion to Dismiss filed by Kay T. Allison, William C. Allison; and granting 26 Motion to Dismiss filed by Ocwen Loan Servicing, LLC. Signed by Judge James P. Jones on December 14, 2009. (aec)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ABINGDON DIVISION

WILLIAM C. ALLISON, ET AL., Plaintiffs, v. SHAPIRO & BURSON, LLP, ET AL., Defendants.

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Case No. 1:09CV00057 ORDER By: James P. Jones Chief United States District Judge

No timely objection having been made, the Report and Recommendation of the magistrate judge filed November 19, 2009, is adopted in all respects. It is therefore ORDERED as follows: 1. Plaintiffs' Motion to Dismiss Shapiro & Burson, LLP, As a Party Defendant (#33) is GRANTED and said defendant is dismissed as a party without prejudice; 2. Professional Foreclosure's Motion to Join Additional Parties (#21) is GRANTED and Williams C. Allison II and Tina Gail Allison are added as parties defendant to plaintiffs' declaratory relief claim; and 3. Defendants' Motions to Dismiss (#22, #26) are GRANTED as to plaintiffs' breach of fiduciary duty claim and collection claim against Professional Foreclosure and plaintiffs' fraud and slander of title claims

against all defendants, and said claims are dismissed. ENTER: December 14, 2009 /s/ JAMES P. JONES Chief United States District Judge

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