US BANK TRUST NA v. AKEY, No. 2:2016cv00414 - Document 23 (D. Me. 2017)

Court Description: ORDER ADOPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE. The Plaintiff's motion for default judgment 13 is GRANTED. The Plaintiff is ORDERED to show cause no later than February 8, 2017, why Counts II, III, IV, and V of its Complaint (ECF No. 1) should not be DISMISSED as MOOT. By JUDGE JON D. LEVY. (akr)

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US BANK TRUST NA v. AKEY Doc. 23 UNITED STATES DISTRICT COURT DISTRICT OF MAINE U.S. BANK TRUST, N.A., as Trustee for LSF9 Master Participation Trust, Plaintiff, v. KAREN J. AKEY, Defendant. ) ) ) ) ) ) ) ) ) ) 2:16-cv-00414-JDL ORDER ADOPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE The United States Magistrate Judge filed his Recommended Decision (ECF No. 22) with the court on December 26, 2016, pursuant to 28 U.S.C. §636 (b)(1)(B) and Federal Rule of Civil Procedure 72(b). The time within which to file objections expired on January 10, 2017, and no objections have been filed. The Magistrate Judge notified the parties that failure to object would waive their right to de novo review and appeal. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. The Plaintiff’s motion for default judgment (ECF No. 13) is GRANTED. The Plaintiff is ORDERED to show cause no later than February 8, 2017, why Counts II, III, IV, and V of its Complaint (ECF No. 1) should not be DISMISSED as MOOT. A Judgment shall issue thereafter. I further DIRECT that U.S. Bank is responsible for recording an attested copy of the Judgment and for paying the appropriate recording fees. Dockets.Justia.com SO ORDERED. Dated this 1st day of February 2017. /s/Jon D. Levy U.S. DISTRICT JUDGE

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