(PS) Martin v. Litton Loan Servicing LP, No. 2:2012cv00970 - Document 190 (E.D. Cal. 2016)

Court Description: ORDER ADOPTING 189 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Morrison C. England, Jr. on 09/30/16 ORDERING that defendants' 163 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART as follows: Summary judg ment is DENIED as to plaintiff's FDCPA claim against Ocwen for violation of 15 U.S.C. § 1692d(5) and (6); and the motion is GRANTED in all other respects. This action proceeds on plaintiff's FDCPA claim against Ocwen for violation of 15 U.S.C. § 1692d(5) and (6). Defendants' 162 Motion to Dissolve the Preliminary Injunction and Release Bond is GRANTED; the 04/26/13 72 Preliminary Injunction is DISSOLVED; the related bond is EXONERATED and the Clerk is directed to release those funds to defendants (cc: Financial). (Benson, A)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RENEE’ L. MARTIN, 12 13 14 15 No. 2:12-cv-00970-MCE-EFB PS Plaintiff, v. ORDER LITTON LOAN SERVICING LP, et al., Defendants. 16 17 On September 15, 2016, the magistrate judge filed findings and recommendations herein 18 which were served on the parties and which contained notice that any objections to the findings 19 and recommendations were to be filed within fourteen days. No objections were filed. 20 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 21 Court has conducted a de novo review of this case and the applicable legal standards. Good cause 22 appearing, the Court concludes that it is appropriate to adopt the proposed Findings and 23 Recommendations in full. 24 Accordingly, IT IS ORDERED that: 25 1. The proposed Findings and Recommendations filed September 15, 2016 (ECF 26 27 28 No. 189), are ADOPTED in full; 2. Defendants’ motion for summary judgment (ECF No. 163) is GRANTED in part and DENIED in part as follows: 1 a. 2 Summary judgment is denied as to plaintiff’s FDCPA claim against Ocwen for violation of 15 U.S.C. § 1692d(5) and (6); and 3 b. The motion is GRANTED in all other respects, and 4 c. This action proceeds on plaintiff’s FDCPA claim against Ocwen for violation 5 6 7 8 9 of 15 U.S.C. § 1692d(5) and (6); 3. Defendants’ motion to dissolve the preliminary injunction and for an order releasing the bond (ECF No. 162) is GRANTED; 4. The preliminary injunction entered on April 26, 2013 is DISSOLVED, the related bond is exonerated, and the Clerk is directed to release those funds to defendants; and 10 5. The Clerk is directed to serve a copy of this order on the court’s Financial Division. 11 IT IS SO ORDERED. 12 Dated: September 30, 2016 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.