Ray et al v. Caliber Home Loans Inc et al
| James Ray and Patricia Ray |
| Caliber Home Loans Inc, Nationstar Mortgage LLC, Assurant Inc and Does 1 -10 |
| 3:2016cv00364 |
| August 22, 2016 |
| U.S. District Court for the Southern District of Ohio |
| Dayton Office |
| CLARK |
| Michael R. Merz |
| Walter H. Rice |
| All Other Real Property |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
44
ORDER ADOPTING REPORT AND RECOMMENDATIONS - 1) Plaintiffs' claims against Caliber Home Loans are dismissed without prejudice. 2) Plaintiffs' claims 1 & 3 against Nationstar are dismissed with prejudice and claim 4 is dismissed without prejudice. 3) Assurant, or Assurant's affiliate Standard Guaranty, is ORDERED to pay Plaintiffs the sum of $1,223.00, in a check made jointly payable to Plaintiffs and Defendant Caliber Home Loans, Inc. 4) Plaintiffs' claims agains t Assurant are dismissed with prejudice. This case is TERMINATED on the docket of this Court. Signed by Judge Walter H. Rice on 1/27/2017. (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
43
REPORT AND RECOMMENDATIONS ON MOTION TO ENFORCE SETTLEMENT - Upon Assurant's unopposed motion to enforce, it is hereby respectfully recommended that the Court enter judgment enforcing the settlement as follows: (1) Directing Assurant to pay Pla intiffs, in the amount of $1223.00, in a check made jointly payable to Plaintiffs and Defendant Caliber Home Loans, Inc. The Order should also note that the payment may be made by Assurant's affiliate, Standard Guaranty. (2) Dismissing Pl aintiffs claims against Assurant, Inc., in the above- captioned action with prejudice. (3) Releasing Assurant, Inc., and Standard Guaranty from any claims Plaintiffs may have against them. Because Plaintiffs' claim against Assurant is the sole remaining claim in the case, the Court should make its enforcement order part of a judgment that is final under Fed. R. Civ. P. 54. Objections to R&R due by 1/24/2017. Signed by Magistrate Judge Michael R. Merz on 1/10/2017. (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
42
DECISION AND ENTRY ADOPTING IN PART AND REJECTING IN PART REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. #29); DEFENDANT NATIONSTAR MORTGAGE, LLC'S FED. R. CIV. P. 12(b)(6) MOTION TO DISMISS (DOC. # 10 ) IS SUSTAINED; PLAINTI FFS JAMES RAY AND PATRICIA RAY'S CLAIMS OF FRAUD (COUNT I) AND VIOLATION OF OHIO REVISED CODE§ 1923.05 (COUNT Ill) AGAINST NATIONSTAR ARE DISMISSED WITH PREJUDICE; PLAINTIFFS' CLAIM OF VIOLATION OF OHIO REVISED CODE §2329 (COUNT IV) IS DISMISSED WITHOUT PREJDUICE; JUDGMENT SHALL ULTIMATELY ENTER IN FAVOR OF NATIONSTAR AND AGAINST PLAINTIFFS ON COUNTS I AND Ill. Signed by Judge Walter H. Rice on 12/30/16. (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
33
ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Court has reviewed the Report and Recommendations of Magistrate Judge Michael R. Merz (ECF No. 28 ), to whom this case was referred pursuant to 28 U.S.C. § 636 (b), and noting that no objecti ons 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, ORDERED that Plaintiffs' claims against Caliber Home Loans, Inc. are DISMISSED without prejudice for failure to state a claim upon which relief can be granted. Signed by Judge Walter H. Rice on 11/18/2016. (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
29
REPORT AND RECOMMENDATIONS ON MOTION TO DISMISS OF DEFENDANT NATIONSTAR MORTGAGE - re 10 Objections to R&R due by 11/18/2016. Signed by Magistrate Judge Michael R. Merz on 11/1/2016. (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
28
REPORT AND RECOMMENDATIONS ON MOTION TO DISMISS OF DEFENDANT CALIBER HOME LOANS, INC. re 9 MOTION to Dismiss filed by Caliber Home Loans Inc Objections to R&R due by 11/17/2016. Signed by Magistrate Judge Michael R. Merz on 10/31/2016. (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
21
ENTRY REJECTING REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE MICHAEL R. MERZ ON MOTION TO DISMISS OF DEFENDANT CALIBER HOME LOANS, INC. (DOC. # 18 ), AND VACATING IN PART NOTATION ORDER OF MAGISTRATE JUDGE MERZ GRANTING IN PART AND DENYING IN PART MOTION FOR EXTENSION OF TIME OF PLAINTIFFS JAMES RAY AND PATRICIA RAY (DOC. # 20 ); PLAINTIFFS MAY FILE, NO LATER THAN OCTOBER 21, 2016, MEMORANDA CONTRA TO THE MOTIONS TO DISMISS OF CALIBER (DOC. # 9 ) AND DEFENDANT NATIONSTAR MORTGAGE, LLC (DOC. # 10 ). Signed by Judge Walter H. Rice on 10/13/16. (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
18
REPORT AND RECOMMENDATIONS ON MOTION TO DISMISS OF DEFENDANT CALIBER HOME LOANS, INC. - re 9 MOTION to Dismiss filed by Caliber Home Loans Inc Objections to R&R due by 10/21/2016. Signed by Magistrate Judge Michael R. Merz on 10/4/2016. (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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