Opinion
Case No. 12-13801
02-25-2014
Cheryl Rak, Plaintiff, v. Saxon Mortgage Services, Inc., et. al., Defendants.
Honorable Sean F. Cox
Magistrate Judge David R. Grand
ORDER
ACCEPTING AND ADOPTING REPORT & RECOMMENDATION
This is a mortgage loan modification case. Plaintiff Cheryl Rak alleged that Defendant Ocwen Loan Servicing, LLC violated the Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. § 2601 et. seq., by failing to make corrections to Plaintiff's mortgage account and by failing to provide Plaintiff with required disclosures. (Compl. ¶¶ 46-50).
On August 16, 2013, Defendant Ocwen Loan Servicing filed a Motion for Judgment on the Pleadings and, Alternatively, For Summary Judgment. (Doc. #27). This Court referred the motion to Magistrate Judge David R. Grand for Report and Recommendation. (Doc. #32).
Some time thereafter, Plaintiff dismissed her claims against Defendant Ocwen Loan Servicing, LLC. (Doc. #42). In a Report and Recommendation ("R&R") issued on January 17, 2014, Magistrate Judge Grand recommends that this Court dismiss as moot Defendant Ocwen's Motion for Judgment on the Pleadings. (R&R, 1/17/14, Doc. #47). No party has filed an objection to the January 17, 2014 R&R.
Pursuant to FED. R. CIV. P. 72(b), a party objecting to the recommended disposition of a matter by a Magistrate Judge must file objections to the R&R within fourteen (14) days after being served with a copy of the R&R. "The district judge to whom the case is assigned shall make a de novo determination upon the record, or after additional evidence, of any portion of the magistrate judge's disposition to which specific written objection has been made." Id.
The time for filing objections to the R&R has expired and the docket reflects that neither party has filed objections to the R&R. Furthermore, the Court agrees with the Magistrate Judge's recommendation. Therefore, the Court hereby ADOPTS the January 17, 2014 R&R. IT IS ORDERED that Defendant Ocwen Loan Servicing, LLC's Motion for Judgment on the Pleadings (Doc. #27) is DENIED as moot.
IT IS SO ORDERED.
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Sean F. Cox
United States District Judge
I hereby certify that a copy of the foregoing document was served upon counsel of record on February 25, 2014, by electronic and/or ordinary mail.
Jennifer McCoy
Case Manager