Parris v. Fremont Investment & Loan
||Fremont Investment & Loan
||November 25, 2014
||US District Court for the Eastern District of New York
||Kiyo A. Matsumoto
||Ramon E. Reyes
|Nature of Suit:
||Torts to Land
|Cause of Action:
||28 U.S.C. § 1332 Diversity-Declaratory Judgement
|Jury Demanded By:
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|July 11, 2018
ORDER ADOPTING REPORT AND RECOMMENDATION: For the reasons set forth in the attached Memorandum & Order, the Court has reviewed and adopts 51 Magistrate Judge Ramon E. Reyes, Jr.'s exceedingly thorough Report & Recommendation ("R&R") in its entirety, granting Defendant's 48 motion to dismiss, both on the basis of the Colorado River abstention doctrine, and in the alternative, for failure to state a claim upon which relief may be granted. Colorado River Water Co nservation District v. United States, 424 U.S. 800, 817 (1976); Fed. R. Civ. P. 12(b)(6). Due to the fact that Plaintiff originally failed to file a response to the motion and raised general and conclusory arguments for the first time in her obj ection to the R&R, Illis v. Artus, No. 06-CV-3077 (SLT) (KAM), 2009 WL 2730870, at *1 (E.D.N.Y. Aug. 28, 2009) (quotations and citations omitted) (collecting cases), Bassett v. Elec. Arts, Inc., 93 F.Supp.3d 95, 101 (E.D.N.Y. 2015), the Court has reviewed the R&R for clear error and finds none. The Clerk of Court is respectfully requested to enter judgment, mail a copy of the judgment and the attached Memorandum and Order to Plaintiff, and close this case. Ordered by Judge Pamela K. Chen on 7/11/2018. (Cuevas Ingram, Joanna)
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