Opinion
No. 3:18-cv-00358-SB
08-15-2018
ANGELA MENCL and JAMES STUBBS, Plaintiffs, v. U.S. BANK NATIONAL ASSOCIATION, as Trustee for Specialty Underwriting and Residential Finance Trust Mortgage Loan Asset-Backed Certificates, Series 2006-AB2; et al., Defendants
ORDER :
Magistrate Judge Beckerman issued a Findings and Recommendation (#22) on July 10, 2018, in which she recommends that this Court grant the motion to dismiss filed by Defendants U.S. Bank and Nationstar. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).
Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, I am relieved of my obligation to review the record de novo. United States v. Reyna- Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of Magistrate Judge's report to which objections have been made). Having reviewed the legal principles de novo, I find no error.
Additionally, it appears that Judge Beckerman's analyses supporting her recommended dismissal apply to the claims against Defendant Clear Recon. Thus, I sua sponte apply the F&R's analyses to those claims because the deficiencies apply equally to Clear Recon. See Bolivar v. Taylor, Bean & Whitaker Mortg. Corp., No. 12-cv-02030, 2012 WL 4482583, at * 1 (N.D. Cal. Sept. 28, 2012) ("[A]s the Moving Defendants have shown, the Ninth Cause of Action is subject to dismissal. Further, the deficiencies identified above with respect to the Ninth Cause of Action are equally applicable to each of the [nonmoving] defendants named in the complaint, and, accordingly, said cause of action will be dismissed as to all defendants."); see also Bunnell v. Brown, No. 3:17-cv-01786-SI, 2018 WL 3040893, at *1 n.2 (D. Or. June 19, 2018) ("The Court sua sponte applies its analyses below to the claims alleged against [among other, the nonmoving defendants]."). / / / / / / / / / / / / / / / / / / / / /
CONCLUSION
The Court ADOPTS Magistrate Judge Beckerman's Findings & Recommendation [22]. Accordingly, U.S. Bank's and Nationstar's motion to dismiss [8] is granted. All claims against Clear Recon are also dismissed. Plaintiff Mencl is given leave to amend. Any amended complaint is due within twenty-one (21) days of the date of this Order. Failure to file an amended pleading by that date will result in a dismissal of the case with prejudice.
IT IS SO ORDERED.
DATED this 15 day of August, 2018.
/s/_________
MARCO A. HERNANDEZ
United States District Judge