Fisher v. Seterus, Inc.

Full title: Anita Fisher, on behalf of herself and others similarly situated…

Court: UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Date published: Nov 7, 2019

Civil No. 19-cv-1382 (MJD/HB) (D. Minn. Nov. 7, 2019)

Opinion

Civil No. 19-cv-1382 (MJD/HB)

11-07-2019

Anita Fisher, on behalf of herself and others similarly situated, Plaintiff, v. Seterus, Inc., and Nationstar Mortgage LLC, Defendants.

MICHAEL J. DAVIS United States District Court

ORDER ON REPORT AND RECOMMENDATION

The above-entitled matter came before the Court upon the Report and Recommendation of the United States Magistrate Judge. No objections have been filed to the Report and Recommendation in the time period permitted.

Based upon the Report and Recommendation of the Magistrate Judge, and all the files, records and proceedings herein,

IT IS HEREBY ORDERED that:

1. The Report and Recommendation is ADOPTED;

2. Defendants' Motion to Dismiss Plaintiff's Complaint [Doc. No. 13] is GRANTED IN PART and DENIED IN PART, as follows:

a. Defendants' Motion to Dismiss Plaintiff's claim under 15 U.S.C. § 1692f is GRANTED and the claim is DISMISSED WITHOUT PREJUDICE;

b. Defendants' Motion to Dismiss Plaintiff's claim for negligent misrepresentation is GRANTED and the claim is DISMISSED WITHOUT PREJUDICE; and

c. Defendants' Motion to Dismiss Plaintiff's claim under 15 U.S.C. §§ 1692e(5) and (10) as to acceleration is DENIED, and GRANTED as to foreclosure.

Dated: November 7, 2019

s/ Michael J. Davis

MICHAEL J. DAVIS

United States District Court