KFH Realty, LLC et al v. Wells Fargo Bank, N.A. (MAG+), No. 2:2011cv00278 - Document 126 (M.D. Ala. 2012)

Court Description: JUDGMENT directing that, in accordance with the 125 memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Defendant's 124 objections are overruled; (2) The United States Magistrate Judge 9;s 123 recommendation is adopted; (3) Defendant's 42 motion for summary judgment is denied; (4) Defendant's 116 motion to dismiss is granted; (5) This case is dismissed in its entirety without prejudice; further ORDERED that all othe r outstanding motions are denied as moot; further ORDERED that costs are taxed against plaintiffs, for which execution may issue; the clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Honorable Judge Myron H. Thompson on 11/16/12. (Attachments: # 1 Civil Appeals Checklist)(scn, )
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KFH Realty, LLC et al v. Wells Fargo Bank, N.A. (MAG+) Doc. 126 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION KFH REALTY, LLC and KIM F. HENDERSON, ) ) ) ) ) ) ) ) ) ) Plaintiffs, v. WELLS FARGO BANK, N.A., Defendant. CIVIL ACTION NO. 2:11cv278-MHT (WO) JUDGMENT In accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Defendant’s objections (doc. no. 124) are overruled. (2) The United States Magistrate Judge’s recommendations (doc. no. 123) is adopted. (3) Defendant’s motion for summary judgment (doc. no. 42) is denied. Dockets.Justia.com (4) Defendant’s motion to dismiss (doc. no. 116) is granted. (5) This case is dismissed in its entirety without prejudice. It is further ORDERED that all other outstanding motions are denied as moot. It is further ORDERED that costs are taxed against plaintiffs, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is closed. DONE, this the 16th day of November, 2012. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE