Opinion
Civil Action No. 05-cv-00742-EWN-MEH.
March 14, 2006
ORDER ACCEPTING MAGISTRATE JUDGE'S RECOMMENDATION
This matter is before the court on the "Order of Recommendation" filed March 3, 2006. No party has objected to the recommendation. I have conducted the requisite de novo review of the issues, the record, and the recommendation. Based on this review, I have concluded that the recommendation is a correct application of the facts and the law. Accordingly, it is
ORDERED as follows:
1. The recommendation is ACCEPTED.
2. Defendant Commonwealth Title Insurance Co.'s Motion to Dismiss, or in the Alternative, Motion for More Definite Statement (#4), Defendant CitiMortgage's Motion to Dismiss (#7), and Defendant Castle Meinhold Stawiarski, LLC's Motion to Dismiss, or in the Alternative, Motion for More Definite Statement (#15) are GRANTED for lack of standing against both Plaintiff Watson and Plaintiff Hakee, except insofar as the Motions to Dismiss concern Plaintiffs' action against Defendant Castle Meinhold Stawiarski, LLC, concerning entry of the bankruptcy order authorizing the sale of Plaintiffs' house. As to that claim, the Motions to Dismiss are GRANTED for failure to state a claim upon which relief can be granted.
3. Defendants' Motions for More Definite Statement (##4, 15) are DENIED as moot.
4. The clerk shall forthwith enter judgment in favor of Defendants and against Plaintiffs, dismissing all claims with prejudice. Defendants may have their costs by filing a bill of costs within eleven days of the date of this order.