Summary
In Madura v. Countrywide Home Loans, Inc., 2008 WL 2856813 (M.D. Fla. July 22, 2008), the district court observed that two schools of thought have emerged on the aforementioned issue. Under one approach, so long as a consumer has timely exercised her right to rescind, her suit for rescission is not time-barred even if it was filed after the period set forth in § 1635(f).
Summary of this case from In re ThomasOpinion
Case No. 8:06-cv-2073-T-24-TBM.
July 22, 2008
ORDER
This cause comes before the Court for consideration on Defendants' Motion for Summary Final Judgment Against Mrs. Madura. (Doc. No. 175.) This motion was considered by United States Magistrate Judge Thomas B. McCoun, III pursuant to an order of referral. (Doc. No. 191.) On June 17, 2008, Magistrate Judge McCoun filed his Report and Recommendation (Doc. No. 245), in which he recommended that this Court grant Defendants' motion for summary judgment and enter judgment in favor of Defendants and against Plaintiff Anna Dolinska-Madura. Magistrate Judge McCoun further recommended that this Court order each side to bear their own costs and attorney's fees. All parties were furnished copies of the Report and Recommendation, and were afforded the opportunity to file objections pursuant to 28 U.S.C. § 636(b)(1). On July 1, 2008, Plaintiff Anna Dolinska-Madura filed her Objections to the Report and Recommendation. (Doc. No. 246.) Defendants filed no objections. Upon thorough consideration of the Report and Recommendation and the objections thereto made by Plaintiff Anna Dolinska-Madura, and upon this Court's independent examination of the file, including the motion for summary judgment and the response in opposition, it is determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED AND ADJUDGED that
(1) The Magistrate Judge's Report and Recommendation (Doc. No. 245) is adopted and incorporated by reference in this Order of the Court;
(2) Defendants' Motion for Summary Final Judgment Against Mrs. Madura (Doc. No. 175) is GRANTED;
(3) The pretrial conference that is scheduled for August 19, 2008 is cancelled;
(4) The Clerk is directed to enter judgment in favor of Defendants and to close this case; and
(5) The parties to this action shall each bear their own costs and attorney's fees.DONE AND ORDERED at Tampa, Florida.