Summary
granting summary judgment in favor of Defendant because plaintiff had no viable cause of action and therefore no basis to recover attorney's fees
Summary of this case from Everhart v. CitiMortgage, Inc.Opinion
Case No. 4:10cv274
11-17-2011
KIT FANKHAUSER v. FANNIE MAE aka FEDERAL NATIONAL MORTGAGE ASSOCIATION, ET AL.
(Judge Schneider/Judge Mazzant)
MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636. On October 24, 2011, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that the Motion for Summary Judgment (Dkt. #48) of Defendants Federal National Mortgage Association and Bank of America, N.A, as successor by merger to BAC Home Loans Servicing, LP, should be granted.
Having received the report of the United States Magistrate Judge, and no objections thereto having been timely filed, this Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge's report as the findings and conclusions of the Court.
It is, therefore, ORDERED that Defendants' Motion for Summary Judgment (Dkt. #48) is GRANTED. Plaintiff shall take nothing as a result of her claims against Defendants, and this case is DISMISSED with prejudice.
It is SO ORDERED.
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE