Opinion
23-21063-CIV-MARTINEZ-BECERRA
02-16-2024
MAGALIE JASMIN, Plaintiff, v. STATE OF FLORIDA, et al., Defendants.
BECERRA, MAGISTRATE JUDGE
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
JOSE E. MARTINEZ, UNITED STATES DISTRICT JUDGE
THIS MATTER was referred to the Honorable Jacqueline Becerra, United States Magistrate Judge, for a Report and Recommendation (“R&R”) on the following motions: (i) Defendant Robertson, Anschutz, Schneid, Crane & Partners, PLLC's (“RAS”) Motion to Dismiss the Amended Complaint, (ECF No. 15), (ii) Defendant Nationstar Mortgage LLC d/b/a Mr. Cooper's (“Nationstar”) Motion to Dismiss First Amended Complaint with Prejudice, (ECF No. 20), (iii) Defendants Christiana Trust, Premium Mortgage Acquisition Trust (“Premium Mortgage”), and Wilmington Savings Funds Society FSB's (collectively, “Wilmington Defendants”) Motion to Dismiss Plaintiff's Amended Complaint, (ECF No. 21), (iv) Defendants Judge Alan Fine's and Judge Lisa Walsh's (together, the “Judicial Defendants”) Motion to Dismiss, (ECF No. 24), (v) Kahane & Associates, P.A.'s (“Kahane”) Motion to Dismiss the Amended Complaint, (ECF No. 23), and (vi) State of Florida's Motion to Dismiss Plaintiffs Amended Complaint, (ECF No. 18). Judge Becerra filed an R&R recommending that the Motions to Dismiss be granted. (ECF No. 32). The Court has reviewed the entire file and record, and notes that no objections have been filed.
Accordingly, after careful consideration, it is hereby ORDERED AND ADJUDGED that:
1. Judge Becerra's R&R, (ECF No. 32), is AFFIRMED and ADOPTED.
2. The Motions to Dismiss, (ECF Nos. 15, 18, 20, 21, 23, and 24) are GRANTED and:
a. All claims set forth in the Amended Complaint as against the Defendants Judge Alan Fine and Judge Lisa Walsh are DISMISSED WITH PREJUDICE based
upon Florida's litigation privilege and judicial immunity;
b. Plaintiffs claims for wrongful foreclosure (Claim 5), obstruction of the administration of justice (Claim 8), negligent/reckless conduct (Claim 9), slander of title (Claim 10), slander of credit (Claim 11), and infliction of emotional distress (Claim 12), are DISMISSED WITH PREJUDICE based upon Florida's litigation privilege;
c. Plaintiffs claims for violation of 42 U.S.C. § 1983 (Claim 1) and violation of Due Process (Claim 2) as against Defendants RAS, Kahane, Nationstar, Christiana Trust, Premium Mortgage Acquisition Trust, and Wilmington Savings Funds Society FSB are DISMISSED WITH PREJUDICE, and as against the State of Florida are DISMISSED WITHOUT PREJUDICE; and
d. Plaintiffs claims for conspiracy to commit real estate deed fraud (Claim 3), forgery (Claim 4), breach of contract (Claim 6), and real estate deed fraud (Claim 7) as against Defendants RAS, Kahane, Nationstar, Christiana Trust, Premium Mortgage Acquisition Trust, Wilmington Savings Funds Society FSB, and the State of Florida are DISMISSED WITHOUT PREJUDICE.
3. The Clerk is DIRECTED to CLOSE this case.
DONE AND ORDERED