Opinion
Civil Action No. 4:19-cv-00515
01-07-2021
CAROL L. HYMES, ET AL., Plaintiffs. v. AMCAP MORTGAGE, LTD., ET AL., Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION
On September 9, 2020, Defendants' Motion for Summary Judgment (Dkt. 41) was referred to United States Magistrate Judge Andrew M. Edison pursuant to 28 U.S.C. § 636(b)(1)(B). Dkt. 49. On November 17, 2020, Judge Edison filed a Memorandum and Recommendation (Dkt. 53) recommending that Defendants' Motion for Summary Judgment (Dkt. 41) be GRANTED in part and DENIED in part.
On December 1, 2020, Plaintiffs filed their Objections. See Dkt. 54. In accordance with 28 U.S.C. § 636(b)(1)(C), this Court is required to "make a de novo determination of those portions of the [magistrate judge's] report or specified proposed findings or recommendations to which objection [has been] made." After conducting this de novo review, the Court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id.; see also FED. R. CIV. P. 72(b)(3).
The Court has carefully considered the Objections; the Memorandum and Recommendation; the briefing; and the record. The Court ACCEPTS Judge Edison's Memorandum and Recommendation and ADOPTS it as the opinion of the Court. It is therefore ORDERED that:
(1) Judge Edison's Memorandum and Recommendation (Dkt. 53) is APPROVED AND ADOPTED in its entirety as the holding of the Court; and
(2) Defendants' Motion for Summary Judgment (Dkt. 41) is GRANTED in part and DENIED in part. Plaintiffs' dual tracking claim arising from the September 25, 2018 loss mitigation application against Lakeview Servicing, LLC and Cenlar FSB remains. All other claims, including those against AmCap Mortgage, Ltd., are dismissed.
It is so ORDERED.
SIGNED and ENTERED this 7th day of January, 2021.
/s/_________
GEORGE C. HANKS, JR.
UNITED STATES DISTRICT JUDGE