US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR BAFC2006-1 v. JAMES, No. 2:2009cv00084 - Document 29 (D. Me. 2009)

Court Description: ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE re 27 Report and Recommendations; Granting 23 Motion to Strike; Granting in part 15 Motion to Dismiss. By JUDGE GEORGE Z. SINGAL. (kic) Modified on 8/27/2009 to clean up docket text (kic).

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UNITED STATES DISTRICT COURT District of Maine U.S. BANK NATIONAL ASSOCIATION ) ) Plaintiff, ) v. ) ) GORDON T. JAMES, ) ) Defendant & Third- ) Party Plaintiff ) ) v. ) ) GMAC MORTGAGE, LLC, et al, ) ) Third-Party ) Defendants ) ) MAINE REVENUE SERVICES, ) ) Party-in-Interest ) Civil No. 09-84-P-S ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE No objections having been filed to the Magistrate Judge's Recommended Decision (Docket No. 27) filed August 9, 2009, the Recommended Decision is AFFIRMED. Accordingly, it is ORDERED (1) that the Motion to Strike (Docket No. 23) is GRANTED; and (2) that the Motion to Dismiss (Docket No. 15) is GRANTED as to third-party-defendant Wells Fargo, NA, and, as to Count II of the Counterclaim and Third-Party Complaint, in favor of Counterclaim Defendant and Plaintiff U.S. Bank National Association, and otherwise DENIED. /s/George Z. Singal____________ U.S. District Judge Dated: August 26, 2009

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