(PS) Eddy v. Federal Home Loan Mortgage Corporation ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARK EDDY; BOBBIE EDDY, No. 2:18-cv-2267-KJM-EFB PS 12 Plaintiffs, 13 v. ORDER 14 FEDERAL HOME LOAN MORTGAGE CORPORATION (As Trustee for Freddie 15 Mac MultiClass Certificates Series 3450); BANK OF AMERICA CORPORATION 16 (As Parent to Bank of America, M.A., as Successor in Interest By Merger with 17 Countrywide Bank, FSB); SERVICE LINK, LLC; MICHAEL M. BAKER, Esq.; 18 Does 1-5, 19 Defendants. 20 21 On September 1, 2020, the magistrate judge filed findings and recommendations, which 22 were served on the parties and which contained notice that any objections to the findings and 23 recommendations were to be filed within fourteen days. No objections were filed. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 25 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 26 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 27 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 28 ///// 1 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 2 supported by the record and by the proper analysis. 3 Although it appears from the file that plaintiffs’ copies of the findings and 4 recommendations were returned, plaintiffs were properly served. It is the plaintiffs’ 5 responsibility to keep the court apprised of their current address at all times. Pursuant to Local 6 Rule 182(f), service of documents at the record address of the party is fully effective. 7 Accordingly, IT IS ORDERED that: 8 1. The Findings and Recommendations filed September 1, 2020, are ADOPTED; 9 2. Defendants BofA and FHLMC’s motion to dismiss (ECF No. 46) is granted; 10 3. Plaintiffs’ first amended complaint (ECF No. 45) is dismissed without leave to amend; 11 and 12 4. The Clerk is directed to close the case. 13 DATED: November 5, 2020. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28