(PS)Kozhayev et al v. CountryWide Home Loans, Inc., et al, No. 2:2009cv02841 - Document 12 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Frank C. Damrell, Jr on 8/31/2010 ORDERING that The 10 findings and recommendations filed August 2, 2010 are adopted in full. Defendants' 5 motion to dismiss filed October 20, 2009, is GRANTED. Defendants' motion to strike plaintiffs' request for punitive damages is GRANTED. This action is DISMISSED in its entirety with prejudice. CASE CLOSED. (Duong, D)
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(PS)Kozhayev et al v. CountryWide Home Loans, Inc., et al Doc. 12 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PAVEL KOZHAYEV and LYUDMILA KOZHAYEV, as individuals, Plaintiffs, 12 13 No. CIV S-09-2841 FCD DAD PS vs. 15 AMERICA’S WHOLESALE LENDER; COUNTRYWIDE HOME LOANS, INC.; and RECONTRUST COMPANY, NA, 16 Defendants. 14 / 17 18 19 20 ORDER Plaintiffs are proceeding pro se with the above-entitled action. The matter was referred to a United States Magistrate Judge pursuant to Local Rule 302(c)(21). On August 2, 2010, the magistrate judge filed findings and recommendations 21 herein which were served on all parties and which contained notice to the parties that any 22 objections to the findings and recommendations were to be filed within twenty-one days. The 23 twenty-one-day period has expired, and no party has filed an objection to the findings and 24 recommendations. 25 26 The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge’s analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed August 2, 2010 (Doc. No. 10) are 3 adopted in full; 2. Defendants’ motion to dismiss (Doc. No. 5) filed October 20, 2009, is granted 4 5 pursuant to Federal Rule of Civil Procedure 12(b)(6); 3. Defendants’ motion to strike plaintiffs’ request for punitive damages is 6 7 8 9 10 11 granted; and 4. This action is dismissed in its entirety with prejudice. DATED: August 31,2 010. _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2