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14-2000 - De Casal v. Nationstar Mortgage LLC et al


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14-2000 - De Casal v. Nationstar Mortgage LLC et al
December 28, 2015
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REPORT AND RECOMMENDATION: The Court respectfully RECOMMENDS that the motion for judgment on the pleadings (Docket Entry No. 22) of Defendant Nationstar Mortgage, LLC be; 1) GRANTED with respect to Plaintiff's common law claims and her RESPA claim and that these claims be DISMISSED; and 2) be DENIED as to Plaintiff's claim brought under the Fair Debt Collection Practices Act. The Court also RECOMMENDS that Defendant "Rhonda Bundy as Trustee for Mortgage Electronic Registration Systems, Inc. as Nominee for Primary Residential Mortgage Inc." and any "John Doe" defendants be dismissed from this action under Rule 4(m) of the Federal Rules of Civil Procedure because this Defendant has not been served in this action. Signed by Magistrate Judge Barbara D. Holmes on 12/28/2015. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
February 17, 2016
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ED. This case is returned to Magistrate Judge Holmes for further pretrial case management. Signed by Chief Judge Kevin H. Sharp on 2/17/2016. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) Modified on 2/17/2016 (eh).ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court hereby rules as follows: (1) The R & R (Docket No. 32) is hereby ACCEPTED and APPROVED, except that Plaintiff if hereby provided fourteen (14) days within which to show good cause for the failure to effect service on "Rhonda Bundy as Trustee for Mortgage Electronic Registration Systems, Inc. as Nominee for Primary Residential Mortgage Inc." and any "John Doe" Defendants. Absent good cause shown, the claims against those Defendants will be dismissed without prejudice upon recommendation of Magistrate Judge Holmes; (2) Defendant Nationstar Mortgage, LLCs Motion for Judgment on the Pleadings (Docket No. 22) is hereby GRANTED with respect to Plaintiff's RESPA claims and her common law claims, but DENIED with respect to Plaintiff's claim under the FDCPA; and (3) Plaintiff's Motion to Strike Statements in Defendants Motion for Judgment on the Pleadings (Docket No. 36) is hereby DENI
May 4, 2016
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REPORT AND RECOMMENDATION: The Court respectfully RECOMMENDS that Rhonda Bundy as Trustee for Mortgage Electronic Registration Systems, Inc. as Nominee for Primary Residential Mortgage Inc." and any "John Doe" Defendants be DISMISSED WITHOUT PREJUDICE in accordance with Rule 4(m) of the Federal Rules of Civil Procedure (in effect at the time of issuance of summons in this action). Signed by Magistrate Judge Barbara D. Holmes on 5/4/2016. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
August 3, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS: Pending before the Court is a Report and Recommendation of the Magistrate Judge (Doc. No. 49) to which no Objections have been filed. The Court has reviewed the Report and Recommendation and conducted a de novo review of the record. The Report and Recommendation is ADOPTED. Accordingly, Plaintiff's claims against "Rhonda Bundy as Trustee for Mortgage Electronic Registration Systems, Inc. as Nominee for Primary Residential Mortgage Inc." and any John Doe Defendants are DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED. Signed by District Judge Waverly D. Crenshaw, Jr on 8/3/2016. (xc:Pro se party by regular and certified mail.)(eh)