Toncz v. Bank of America, N.A. et al
||Does 1 through 100, Inclusive, Rubin Lublin TN, PLLC, Bank of America, N.A., America's Wholesale Lenders, Rubin, Lublin, Suarez and Serrano TN, LLC, HSBC Bank, Wells Fargo Bank, N.A., Deutsche Bank and Mortgage Electronic Registration Systems, Inc.
||Monica E. Toncz
||October 2, 2012
||Tennessee Middle District Court
||Juliet E. Griffin
||Kevin H. Sharp
|Nature of Suit:
||Real Property: Other
|Cause of Action:
||15:1601 Truth in Lending
|Jury Demanded By:
Available Case Documents
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|Date Filed||#||Document Text|
|March 26, 2013
REPORT AND RECOMMENDATION: The Court respectfully RECOMMENDS that: 1) the Motion to Dismiss 11 filed by Wells Fargo Bank, N.A., Bank of America, N.A., successor to BAC Home Loan Servicing L.P., America's Wholesale Lenders, HSBC Bank, as trus tee for securitized trust ACE Securities Corp Home Equity Loan Trust, Series 2005-HE7, and Mortgage Electronic Registration Systems, Inc. and the Motion to Dismiss 14 filed by Rubin Lublin TN, PLLC be GRANTED and that these Defendants be DISMISSE D WITHOUT PREJUDICE pursuant to Rule 4(m) and Rule 12(b)(5) of the Federal Rules of Civil Procedure; 2) the Motion to Dismiss 25 filed by Deutsche Bank, AG be GRANTED pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure for lack of personal jurisdiction over this defendant; and 3) this action be DISMISSED in its entirety. Signed by Magistrate Judge Juliet E. Griffin on 3/26/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
|April 25, 2013
ORDER ADOPTING REPORT AND RECOMMENDATIONS: Magistrate Judge Griffin has entered a Report and Recommendation (Docket No. 34 ), recommending that Defendants' unopposed Motions to Dismiss be granted, and that this action be dismissed. Despite be ing informed that any objection were to be filed within fourteen days of service, the parties have filed no objections to the Report and Recommendation. Having considered the record and undertaken the de novo review required by Rule 72(b) of the F ederal Rules of Civil Procedure, the Court agrees with Magistrate Judge Griffin's recommended disposition. Accordingly, the Report and Recommendation (Docket No. 34 ) is hereby ACCEPTED andAPPROVED. The Clerk of the Court shall enter judgment on a separate document in favor of theDefendants in accordance with Rule 58 of the Federal Rules of Civil Procedure.It is SO ORDERED. Signed by District Judge Kevin H. Sharp on 4/25/2013. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
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