-KJN (PS) McFadden, et al v. Deutsche Bank National Trust Company, et al, No. 2:2010cv03004 - Document 50 (E.D. Cal. 2011)
Court Description: ORDER signed by Judge John A. Mendez on 10/7/2011 ADOPTING 46 Findings and Recommendations. The 13 special motion to strike is GRANTED IN PART and DENIED IN PART. All claims alleged against the Boyer Dfts are DISMISSED with prejudice, and the Boy er Dfts are DISMISSED from this action. The 15 motion to dismiss is GRANTED. All claims alleged against Citi are DISMISSED with prejudice, and Citi is DISMISSED from this action. The 16 motion to dismiss is GRANTED. All claims alleged against th e Fidelity Dfts are DISMISSED with prejudice, and the Fidelity Dfts are DISMISSED from this action. The 18 motion to dismiss is GRANTED. All claims alleged against the Deutsche Bank Dfts are DISMISSED with prejudice, and the Deutsche Bank Dfts are DISMISSED from this action. Pltf's 47 "Notice of Mistake and Response to Magistrate Judge's Findings and Recommendations" is DENIED. (Zignago, K.)
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-KJN (PS) McFadden, et al v. Deutsche Bank National Trust Company, et al Doc. 50 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DENNIS WARD MCFADDEN, et al., 11 Plaintiffs, 12 13 No. CIV-S-10-cv-3004-JAM-KJN-PS v. DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee, et al., 14 Defendants. ORDER 15 / 16 17 On August 16, 2011, the magistrate judge filed findings and recommendations (Dkt. 18 No. 46) herein which were served on the parties and which contained notice that any objections 19 to the findings and recommendations were to be filed within fourteen days. On August 31, 2011, 20 plaintiffs filed a document entitled “Notice of Mistake and Response to Magistrate Judge’s 21 Findings and Recommendations” (Dkt. No. 47), which is construed as an objection to the 22 findings and recommendations and has been considered by the court. 23 This court reviews de novo those portions of the proposed findings of fact to which an 24 objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore 25 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982); see 26 also Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009). As to any portion of the proposed 1 Dockets.Justia.com 1 findings of fact to which no objection has been made, the court assumes its correctness and 2 decides the motions on the applicable law. See Orand v. United States, 602 F.2d 207, 208 (9th 3 Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See Britt v. Simi 4 Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). 5 The court has reviewed the applicable legal standards and, good cause appearing, 6 concludes that it is appropriate to adopt the proposed findings and recommendations in full. 7 Accordingly, IT IS ORDERED that: 8 1. The Proposed Findings and Recommendations filed August 16, 2011, are ADOPTED. 9 2. The special motion to strike (Dkt. No. 13) filed by defendants David J. Boyer and 10 Robert Jackson & Associates, Inc. (“Boyer Defendants”) pursuant to California’s anti-SLAPP 11 statute is granted in part and denied in part. The anti-SLAPP motion is only granted as to 12 plaintiffs’ claims for relief based on California law, which are numbered four through twelve. 13 The Boyer Defendants’ motion to dismiss brought pursuant to Federal Rule of Civil Procedure 14 12(b)(6) is granted as to the remaining, federal claims numbered one, two, three, and thirteen. 15 All of plaintiffs’ claims alleged against the Boyer Defendants are dismissed with prejudice, and 16 the Boyer Defendants are dismissed from this action. 17 3. Defendant Citi Residential Lending, Inc.’s (“Citi”) motion to dismiss (Dkt. No. 15) 18 brought pursuant to Federal Rule of Civil Procedure 12(b)(6) is granted. All of plaintiffs’ claims 19 alleged against Citi are dismissed with prejudice, and Citi is dismissed from this action. 20 4. Defendants Fidelity National Title Company and Default Resolution Network 21 Division’s (“Fidelity Defendants”) motion to dismiss (Dkt. No. 16) brought pursuant to Federal 22 Rule of Civil Procedure 12(b)(6) is granted. All of plaintiffs’ claims alleged against the Fidelity 23 Defendants are dismissed with prejudice, and the Fidelity Defendants are dismissed from this 24 action. 25 26 5. The motion to dismiss brought pursuant to Federal Rule of Civil Procedure 12(b)(6) by defendants David J. Boyer, Robert Jackson & Associates, Inc., Deutsche Bank National Trust 2 1 Co., American Home Mortgage Servicing Co., and Power Default Services, Inc. (“Deutsche Bak 2 Defendants”) (Dkt. No. 18) is granted. All of plaintiffs’ claims alleged against the Deutsche 3 Bank Defendants are dismissed with prejudice, and the Deutsche Bank Defendants are dismissed 4 from this action. 5 6. To the extent that the document filed by plaintiffs and entitled “Notice of Mistake 6 and Response to Magistrate Judge’s Findings and Recommendations” (Dkt. No. 47) seeks leave 7 to amend, such relief is denied. 8 DATED: October 7, 2011. 9 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 10 11 /mcfad3004.jo.46 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3
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