(PS) Lam v. Nations Direct Mortgage, LLC ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MONICA K. LAM and DOUGLAS RING, No. 2:19-cv-00709-TLN-CKD 12 Plaintiffs, 13 v. ORDER 14 PENNY MAC, et al., 15 Defendants. 16 17 Plaintiffs Monica K. Lam and Douglas Ring (“Plaintiffs”), proceeding pro se, filed the 18 above-entitled action. The matter was referred to a United States Magistrate judge pursuant to 28 19 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On November 15, 2019, the magistrate judge filed findings and recommendations which 21 were served on the parties and which contained notice to the parties that any objections to the 22 findings and recommendations were to be filed within fourteen (14) days. (ECF No. 62.) Neither 23 party has filed objections to the Findings and Recommendations. 24 Accordingly, the Court presumes that any findings of fact are correct. See Orand v. 25 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 26 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 27 1983); see also 28 U.S.C. § 636(b)(1). 28 /// 1 Having reviewed the file under the applicable legal standards, the Court finds the Findings 2 and Recommendations to be supported by the record and by the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The Findings and Recommendations filed November 15, 2019 (ECF No. 62), are 5 adopted in full; 6 2. Defendants Breckenridge and Wedgewood’s Motion to Dismiss (ECF No. 34) is 7 GRANTED; 8 3. Defendant Fidelity National Title’s Motion to Dismiss (ECF No. 39) is 9 GRANTED; 10 4. Defendants Penny Mac, Mass Mutual Life Insurance, and Mortgage Electronic 11 Registration Systems’ Motion to Dismiss (ECF No. 42) is GRANTED; 12 5. Defendant National Default Servicing Corporation’s Motion to Dismiss (ECF No. 13 49) is GRANTED; and 14 6. Plaintiffs’ claims against Defendants Breckenridge, Wedgewood, Fidelity National 15 Title, Penny Mac, Mass Mutual Life Insurance, and Mortgage Electronic Registration Systems 16 are DISMISSED, without leave to amend, for failure to state a claim. 17 IT IS SO ORDERED. 18 19 Dated: December 13, 2019 20 21 22 23 24 25 26 27 28