Wildcat v. American West Homebuilding Group ( 2019 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Clarence Wildcat, et al., Case No. 2:19-cv-01248-JAD-NJK 4 Plaintiffs v. Order Adopting Report and 5 Recommendation, Dismissing Real Estate American West Development, Inc., et al., Settlement Procedures Act Claims, and 6 Remanding Case Defendants 7 [ECF Nos.9, 35] 8 9 On November 15, 2019, Magistrate Judge Nancy Koppe evaluated Loan Depot’s motion 10 to dismiss this case1 in which American West joins,2 along with plaintiffs’response and Loan 11 Depot’s reply. In a report and recommendation, she recommends that I dismiss plaintiffs’claim 12 under the Real Estate Settlement Procedures Act (RESPA) without leave to amend and remand 13 to state court the remaining claims.3 The deadline for objections to that recommendation passed 14 without objectionor any request to extend the deadline to file one.4 “[N]o review is required of 15 a magistrate judge’s report and recommendation unless objections are filed.”5 16 IT IS THEREFORE ORDERED that the magistrate judge’s report and recommendation 17 [ECF No. 35]is ADOPTEDin full; 18 19 20 1 ECF No. 9. 21 2 ECF No. 22. 22 3 ECF No. 35. 4 Seeid. (“Objections to R&R due by 11/29/2019”). 23 5 Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). 1 IT IS FURTHER ORDERED THAT the motion to dismiss [ECF No. 9] is GRANTED; 2\| Plaintiffs’ RESPA claim is dismissed. The Clerk of Court is directed to REMAND this case 3|| back to state court, case No. A-19-797248-C, Department 13, for adjudication of the 4) remaining state-law claims, and CLOSE THIS CASE. 5 Dated: December 3, 2019 6 Dees U.S. District Tide Tenhifer A. Dorsey 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23