Opinion
CASE NO. 4:10-CV-618
10-13-2011
JASON OVERHOLT and JENNIFER OVERHOLT v. WELLS FARGO BANK, N.A.
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 September 2, 2011, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that Defendant's Motion to Dismiss (Dkt. #15) should be granted in part and denied in part.
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 Defendant's Motion to Dismiss (Dkt. #15) is GRANTED in part and DENIED in part.
The following causes of action are DISMISSED: Negligent Misrepresentation and Gross Negligence. The remainder of the motion is denied
It is SO ORDERED.
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE