Cline v. HSBC Bank USA, National Association et al, No. 3:2017cv02975 - Document 37 (S.D.W. Va. 2017)

Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 32 Proposed Findings and Recommendations by Magistrate Judge Eifert; denying Plaintiff's 22 Motion for the entry of default; granting HSBC's 27 Motion in opposition to the e ntry of default and request for leave to file a response to the complaint; and accepting the 29 Motion to Dismiss filed by HSBC as properly pending. Signed by Judge Robert C. Chambers on 11/21/2017. (cc: counsel of record; any unrepresented parties) (jsa)

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Cline v. HSBC Bank USA, National Association et al Doc. 37 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION SANTANA CLINE, Plaintiff, v. CIVIL ACTION NO. 3:17-2975 HSBC BANK USA, N.A., et al., Defendants. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Cheryl A. Eifert, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that the Court deny Plaintiff’s motion for the entry of default (ECF No. 22); grant HSBC’s motion in opposition to the entry of default and request for leave to file a response to the complaint (ECF No. 27); and accept the Motion to Dismiss filed by HSBC on October 2, 2017, as properly pending (ECF No. 29). Neither party has filed objections to the Magistrate Judge=s findings and recommendations. Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and DENIES Plaintiff’s motion for the entry of default (ECF No. 22); GRANTS HSBC’s motion in opposition to the entry of default and request for leave to file a response to the complaint (ECF No. 27); and ACCEPTS the Motion to Dismiss filed by HSBC Dockets.Justia.com on October 2, 2017, as properly pending (ECF No. 29), consistent with the findings and recommendations. The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: November 21, 2017 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-

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