Opinion
3:12-CV-1277-N-BK
10-09-2012
HELEN CLARK, Plaintiff, v. BANK OF AMERICA NA, THE BANK OF NEW YORK MELLON, RECONTRUST COMPANY, NA, AMERICA'S WHOLESALE LENDER, BAC HOME LOANS SERVICING, LP, JIM ADKINS, MARY MANCUSO, and SHELLEY ORTOLANI, Defendants.
ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made findings, conclusions and a recommendation in this case. (Doc. 19; Doc. 26). Plaintiff filed objections, and the District Court has made a de novo review of those portions of the proposed findings and recommendation to which objection was made. The objections are overruled, and the Court ACCEPTS the Findings, Conclusions and Recommendation of the United States Magistrate Judge.
Accordingly, the Court GRANTS the Motion to Dismiss (Doc. 8) filed by Defendants Bank of America N.A., The Bank of New York Mellon, and ReconTrust Company, N.A. As a result, Plaintiff's Motion to Remand to State Court (Doc. 11) and Motion to Vacate Void Judgment for Lack of Subject Matter Jurisdiction and Dismiss the Case or Remand to State Court (Doc. 17) are DENIED. Further, Plaintiff's Motion for a Temporary Restraining Order ("TRO") (Doc. 23) is DENIED for the reasons stated by the Magistrate Judge.
America's Wholesale Lender is not a proper defendant in this action because it was simply an assumed name of Countrywide Home Loans, which became BAC Home Loans Servicing, LP ("BAC"). (Doc. 1 at 8 n.1). Similarly, BAC is not a proper defendant in this action because Bank of America is the successor by merger to BAC. Accordingly, this action is dismissed as to both America's Wholesale Lender and BAC as well.
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UNITED STATES DISTRICT JUDGE