Summary
dismissing FDCPA counterclaim against the government in a student loan case based on governmental immunity
Summary of this case from Dumas v. GC Servs., L.P.Opinion
Case Number 11-CV-13218
05-31-2012
UNITED STATES OF AMERICA, Plaintiff/Counter-Defendant, v. KEITH SKUTT, Defendant/Counter-Plaintiff.
Honorable Thomas L. Ludington
ORDER ADOPTING REPORT AND RECOMMENDATION,
GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT,
AND DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
This matter is before the Court on the report and recommendation (ECF No. 21) issued by Magistrate Judge Charles Binder on May 10, 2012, on the cross-motions for summary judgment filed by Plaintiff and Defendant (ECF Nos. 17, 19). Judge Binder recommends that the Court grant Plaintiff's motion, deny Defendant's motion, and enter judgment for Plaintiff in the amount of $32,260.06.
Any party may serve and file written objections "[w]ithin fourteen days after being served with a copy" of the report and recommendations. 28 U.S.C. § 636(b)(1). The district court will make a "de novo determination of those portions of the report . . . to which objection is made." Id. The Court is not obligated to review the portions of the report to which no objection was made. Thomas v. Arn, 474 U.S. 140, 149-52 (1985). As of today's date, no party has filed any objections to Judge Binder's report and recommendation.
Accordingly, it is ORDERED that Judge Binder's report and recommendation (ECF No. 21) is ADOPTED.
It is further ORDERED that Plaintiff's motion for summary judgment (ECF No. 17) is GRANTED.
It is further ORDERED that Defendant's motion for summary judgment (ECF No. 19) is DENIED.
It is further ORDERED that Defendant's counterclaim is DISMISSED WITH PREJUDICE.
____________________________
THOMAS L. LUDINGTON
United States District Judge
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon Plaintiff/Counter-Defendant's attorney of record herein by electronic means and upon Keith Skutt at P O Box 5677, Saginaw, MI 48604 by first class U.S. mail on May 31, 2012.
Tracy A. Jacobs
TRACY A. JACOBS