Nabaka v. Rushmore Loan Management Services, LLC ( 2021 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 1:21-cv-20533-PCH/BECERRA JOSEPH NABAKA and AUDREY MCLEAN a/k/a AUDREYA NABAKA Plaintiffs, v. RUSHMORE LOAN MANAGEMENT SERVICES, LLC, Defendant. _____________________________________/ ORDER This matter is before the Court on Defendant Rushmore Loan Management Services, LLC Motion to Dismiss Complaint [ECF No. 12], filed March 25, 2021. This matter was referred by this Court to the Honorable Jacqueline Becerra, United States Magistrate Judge [ECF No. 17] on May 12, 2021 for a Report and Recommendation [ECF No. 27], which was filed September 23, 2021. The Court reviewed the Report and Recommendation, the pertinent portions of the record and is otherwise duly advised. The Parties were given 3 days after being served with a copy of the report to serve and file written objections, if any, with the District Court. No objections were filed. Failure to file timely objections bars the Parties from a de novo determination by the District Court of an issue covered in the Magistrate Judge’s Report and Recommendation and bars the Parties from attacking on appeal the factual findings contained therein. Resolution Tr. Corp. v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993) (citing LoConte v. Dugger, 847 F.2d 745, 749 50 (11th Cir. 1988)). Accordingly, it is hereby: ‐ ORDERED that the Court ADOPTS the findings of fact and conclusions of law as stated in the Magistrate Judge’s Report and Recommendation. The Defendant’s Motion to Dismiss is DENIED. Defendant shall file an answer to the complaint by November 15, 2021. DONE AND ORDERED in Miami, Florida on September 30, 2021. Paul C. Huck United States District Judge Copies furnished to: Magistrate Becerra Counsel of Record