Macklin v. Hollingsworth et al, No. 2:2010cv01097 - Document 86 (E.D. Cal. 2014)

Court Description: ORDER signed by Chief Judge Morrison C. England, Jr. on 12/24/2014 ORDERING that the 65 Findings and Recommendations are ADOPTED. Defendants Select Portfolio Servicing, Inc., Deutsche Bank National Trust Co., and Quality Loan Service Corporation� 39;s 45 , 49 motions to dismiss the second amended complaint are GRANTED. Defendants Select Portfolio Servicing, Inc., Deutsche Bank National Trust Co., and Quality Loan Service Corporation are DISMISSED from this action WITH PREJUDICE. (Zignago, K.)

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Macklin v. Hollingsworth et al Doc. 86 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES L. MACKLIN, 12 13 14 15 No. 2:10-cv-1097-MCE-KJN Plaintiff, v. ORDER MATTHEW HOLLINGSWORTH, et al., Defendants. 16 17 On September 8, 2014, the magistrate judge filed findings and recommendations (ECF. 18 No. 65) herein which were served on the parties and which contained notice that any objections to 19 the findings and recommendations were to be filed within fourteen days. On September 22, 2014, 20 plaintiffs filed objections to the proposed findings and recommendations (ECF. No. 72). On 21 October 9, 2014, defendant Deutsche Bank National Trust (ECF No. 77) and defendant Quality 22 Loan Services Corporation (ECF No. 78) each filed a response to plaintiff’s objections, which 23 have been considered by the court. 24 This court reviews de novo those portions of the proposed findings of fact to which an 25 objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore 26 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982); see 27 also Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009). As to any portion of the proposed 28 findings of fact to which no objection has been made, the court assumes its correctness and 1 Dockets.Justia.com 1 decides the motions on the applicable law. See Orand v. United States, 602 F.2d 207, 208 (9th 2 Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See Britt v. Simi 3 Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). 4 The court has reviewed the applicable legal standards and, good cause appearing, 5 concludes that it is appropriate to adopt the proposed findings and recommendations in full. 6 Accordingly, IT IS ORDERED that: 7 8 9 1. The Proposed Findings and Recommendations filed September 8, 2014, are ADOPTED; 2. Defendants Select Portfolio Servicing, Inc., Deutsche Bank National Trust Co., and 10 Quality Loan Service Corporation’s motions to dismiss the second amended complaint (ECF Nos. 11 45, 49) are GRANTED; and 12 13 3. Defendants Select Portfolio Servicing, Inc., Deutsche Bank National Trust Co., and Quality Loan Service Corporation are DISMISSED from this action WITH PREJUDICE. 14 15 DATED: December 24, 2014 16 17 18 __________ __________ ___________ __________ ____ MORRISON C. ENGL N LAND, JR, C CHIEF JUDG GE UNITED ST TATES DIS STRICT COU URT 19 20 21 22 23 24 25 26 27 28 2

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