Mullins et al v. PennyMac Loan Services, LLC et al
| James R Mullins, Jr. and Kathleen Mullins |
| PennyMac Loan Services, LLC, Bank of America, N.A., Friendly Financial Services, Mortgage Electronic Registration Inc, Laurito and Laurito LLC, Government National Mortgage Association, US Department of Agriculture (USDA), Deutsche Bank Trust Company, All Persons Unknown, claiming any Legal or Equitable Right, Title, Esate, Lien, or Interest in the property described in the Complaint Adverse to Plaintiffs' Title or any Cloud on Plaintiffs' and Does 1-100, inclusive |
| 3:2016cv00137 |
| April 13, 2016 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| PREBLE |
| Michael R. Merz |
| Walter H. Rice |
| Other Statutory Actions |
| 15 U.S.C. ยง 1681 |
| None |
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Filing
50
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 49 ); SUSTAINING DEFENDANTS GOVERNMENT NATIONAL MORTGAGE ASSOCIATION AND UNITED STATES DEPARTMENT OF AGRICULTURE'S UNOPPOSED MOTION TO DI SMISS (DOC. # 47 ), AND DISMISSING WITHOUT PREJUDICE ALL CLAIMS AGAINST THEM FOR LACK OF SUBJECT MATTER JURISDICTION; DISMISSING WITHOUT PREJUDICE ALL CLAIMS AGAINST FRIENDLY FINANCIAL SERVICES, ALL PERSONS UNKNOWN, CLAIMING ANY LEGAL OR EQUI TABLE RIGHT, TITLE, ESTATE, LIEN OR INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT, AND DOES 1-100; JUDGMENT TO ENTER IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFFS; TERMINATION ENTRY - Based on the reasoning and citations of authority s et forth by United States Magistrate Judge Michael R. Merz, in his October 18, 2016, Report and Recommendations (Doc. # 49 ), as well as upon a thorough de nova review of this Court's file and the applicable law, the Court ADOPTS said judici al filing in its entirety, SUSTAINS Defendants Government National Mortgage Association and United States Department of Agriculture's unopposed Motion to Dismiss (Doc. # 47 ), and DISMISSES WITHOUT PREJUDICE all claims asserted against them, for lack of subject matter jurisdiction. The Court notes that, although the parties were notified of their right to file Objections to the Report and Recommendations, and of the consequences of failing to do so, no Objections have been filed withi n the time allotted. As Magistrate Judge Merz pointed out, Defendant Friendly Financial Services was never served with a copy of the Complaint and Summons, see Doc. # 42 , and Plaintiffs have failed to show good cause for the failure of service . Likewise, the record indicates that Defendants identified in the Complaint as "All Persons Unknown, claiming any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property Described in the Complaint Adverse to Plaintiffs� 39; Title or Any Cloud on Plaintiffs' Title Thereto," and "Does 1-100, inclusive," have never been identified or served with a copy of the Complaint and Summons. Accordingly, all claims against these Defendants are DISMISSED W ITHOUT PREJUDICE. All claims against Defendants Penny Mac Loan Services, LLC, Bank of America, N.A., Mortgage Electronic Registration, Inc., Laurito and Laurito, LLC, and Deutsche Bank Trust Company, have previously been dismissed. Docs. ## 43 , [4 6]. Given that all claims asserted in the Complaint have now been dismissed, judgment shall be entered in favor of Defendants and against Plaintiffs. The captioned case is hereby ordered terminated upon the docket records of the United States Distr ict Court for the Southern District of Ohio, Western Division, at Dayton. Signed by Judge Walter H. Rice on 11/14/2016. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
49
REPORT AND RECOMMENDATIONS ON FEDERAL DEFENDANTS' MOTION TO DISMISS AND REGARDING UNSERVED AND UNIDENTIFIED DEFENDANTS - If the Court adopts this Report, all claims made in this case will have been dismissed. The Court should therefore enter fin al judgment pursuant to Fed. R. Civ. P. 54. Objections to R&R due by 11/4/2016. Signed by Magistrate Judge Michael R. Merz on 10/18/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
46
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORTS AND RECOMMENDATIONS (DOCS. ## 39 , 40 ); SUSTAINING DEFENDANT BANK OF AMERICA, N.A.'S MOTION TO DISMISS (DOC. # 28 ) AND DEFENDANT LAURITO & LAURITO, LLC'S MOTION TO DISMISS (DOC. # 29 ). Signed by Judge Walter H. Rice on 9/7/16. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
43
The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz (Doc. # 38 ), to whom this case was referred pursuant to 28 U.S.C.§ 636(b ), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendations. Accordingly, it is hereby ORDERED that the Motion to Dismiss of Defendants Pennymac Loan Services, LLC; Mortgage Electronic Registration Systems, Inc.; and Deutsche Bank National Trust Company (ECF No. 14 ) is GRANTED. Defendants Pennymac Loan Services, LLC;Mortgage Electronic Registration Systems, Inc.; and Deutsche Bank National Trust Company are dismissed as party Defendants. Signed by Judge Walter H. Rice on 8/30/16. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
40
REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Motion to Dismiss of Defendant Laurito & Laurito, LLC (ECF No. 29) be granted in its entirety. Objections to R&R due by 9/6/2016. Signed by Magistrate Judge Michael R. Merz on 8/18/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
39
REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Motion to Dismiss of Defendant Bank of America, N.A. (Bank of America) (ECF No. 28) be GRANTED. Objections to R&R due by 9/6/2016. Signed by Magistrate Judge Michael R. Merz on 8/18/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
38
REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Motion to Dismiss of Defendants Pennymac Loan Services, LLC; Mortgage Electronic Registration Systems, Inc.; and Deutsche Bank National Trust Company be GRANTED. Objections to R&R due by 8/29/2016. Signed by Magistrate Judge Michael R. Merz on 8/11/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
21
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 5 ); OVERRULING "PLAINTIFF'S MOTION FOR EX PARTE FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE PENDING PRELIMINARY INJUNCTION" (DOC. # 4 ). Signed by Judge Walter H. Rice on 6/1/16. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
5
REPORT AND RECOMMENDATIONS - For the foregoing procedural and substantive reasons, the Motion for Ex Parte Temporary Restraining Order should be DENIED. re 4 MOTION for Temporary Restraining Order filed by James R Mullins, Jr., Kathleen Mullins. Objections to R&R due by 5/16/2016. Signed by Magistrate Judge Michael R. Merz on 4/27/16. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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