Opinion
Civil Action No. 14-cv-00189-REB-KLM
12-12-2014
ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before me is the recommendation contained in the Recommendation of United States Magistrate Judge [#38], filed November 17, 2014. No objection having been timely filed to the recommendation, I review it for plain error only. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005). Finding no such error in the magistrate judge's recommended disposition, I find and conclude that the recommendation should be approved and adopted.
"[#38]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's case management and electronic case filing system (CM/ECF). I use this convention throughout this order.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#38], filed November 17, 2014, is APPROVED AND ADOPTED as an order of this court;
2. That defendant's Memorandum of Points and Authorities in Support of Motion To Dismiss [#11], filed March 17, 2014, is GRANTED;
3. That Count VII of the Complaint filed January 22, 2014, alleging a claim under the Colorado Fair Debt Collection Practices Act, is DISMISSED WITH PREJUDICE; and
4. That at the time judgment enters, judgment with prejudice SHALL ENTER on behalf of defendant, Nationstar Mortgage LLC, a Delaware limited liability company, against plaintiffs, Michael Scata and Jeannie Scata, individually and on behalf of all others similarly situated, jointly and severally, on Count VII of the Complaint filed January 22, 2014, alleging a claim under the Colorado Fair Debt Collection Practices Act.
Dated December 12, 2014, at Denver, Colorado.
BY THE COURT:
/s/_________
Robert E. Blackburn
United States District Judge