Zahratka v. US Bank National Association et al
| Kelly Zahratka |
| Trustee Services of Virginia, LLC and US Bank National Association |
| 2:2020cv00208 |
| April 24, 2020 |
| US District Court for the Eastern District of Virginia |
| Douglas E Miller |
| Rebecca Beach Smith |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
53
ORDER: The court ADOPTS AND APPROVES IN FULL the findings and recommendations set forth in the Magistrate Judge's Report and Recommendation, ECF 52. The court GRANTS Defendant Trustee Services' Motion for Summary Judgment, ECF 36, and Def endant US Bank's Motion for Summary Judgment on the Pleadings, ECF 46. Counts 3 & 4 of Plaintiff's Amended Complaint, ECF 30, are therefore DISMISSED WITH PREJUDICE. Because there are no remaining counts in the Complaint, the case is DISMISSED WITH PREJUDICE. Signed by District Judge Rebecca Beach Smith on 1/28/2021. (afar)
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Filing
29
ORDER: The court, having reviewed the record in its entirety and having examined the Objections and made de novo findings with respect thereto, does ADOPT AND APPROVE IN FULL the findings and recommendations set forth in the R&R 26 . The Plaintiff&# 039;s Motion to Remand 7 is DENIED. Defendant U.S. Bank's Motion to Dismiss 15 is GRANTED. Defendant Trustee Services' Motion to Dismiss 5 is DENIED AS MOOT as to Counts One, Two, and Three of the Complaint, and GRANTED as it relates to Count Four. Counts One and Two of the Complaint are DISMISSED WITH PREJUDICE, and Counts Three and Four are DISMISSED WITHOUT PREJUDICE with leave to amend, within 21 days of the entry of this Order. Signed by District Judge Rebecca Beach Smith on 08/27/2020. (bboy, )
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