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16-742 - Federal Home Loan Mortgage Corporation v. Thomas et al (MAG2)


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16-742 - Federal Home Loan Mortgage Corporation v. Thomas et al (MAG2)
January 23, 2017
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RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the undersigned Magistrate Judge that Plf/Counter-Dft Freddie Mac and Cross-Dft Wells Fargo's 5 Partial Motion to Dismiss be GRANTED in part and DENIED in part. Specifically, it is the RECOMMENDATION of the undersigned that Freddie Mac's and Wells Fargo's motion to dismiss Thomas's trespass claim be GRANTED and that Wells Fargo's motion to dismiss Thomas's wrongful foreclosure claim be DENIED; Objections to R&R due by 2/6/2017. Signed by Honorable Judge Wallace Capel, Jr on 1/23/2017. (wcl, )
February 13, 2017
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OPINION AND ORDER: it is ORDERED that: (1) The motion to add Wells Fargo (doc. no. 1-3) is granted; (2) Wells Fargo is added as a counter-dft; (3) Should the parties disagree with the designation of Wells Fargo as a counter-dft, they must object within seven days of the date of this order. Signed by Honorable Judge Myron H. Thompson on 2/13/2017. (wcl, )
February 13, 2017
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OPINION. Signed by Honorable Judge Myron H. Thompson on 2/13/2017. (wcl, )
February 13, 2017
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JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The US Magistrate Judge's 20 recommendation is adopted; (2) The 5 partial motion to dismiss is granted only as to Anthony Thomas's trespass claims against Federal Home Loan Mortgage Corporation and Wells Fargo Bank, N.A., and those claims are dismissed with prejudice. The motion to dismiss is denied as to the wrongful foreclosure claim against Wells Fargo Bank, N.A.; (3) No costs are taxed; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is not closed, and is referred back to the United States Magistrate Judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 2/13/2017. (Attachments: # (1) Civil Appeals Checklist) (wcl, )
February 28, 2017
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RECOMMENDATION OF THE MAGISTRATE JUDGE: the Magistrate Judge RECOMMENDS that Thomas's 21 Motion for Preliminary Injunction be DENIED; Objections to R&R due by 3/14/2017. Signed by Honorable Judge Wallace Capel, Jr on 2/28/2017. (wcl, )
March 21, 2017
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OPINION AND ORDER: it is ORDERED that: (1) The 30 recommendation of the US Magistrate Judge is adopted; (2) The 21 motion for preliminary injunction is denied; (3) This case is referred back to the US Magistrate Judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 3/21/2017. (wcl, )