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GREGORY LANCE WILLIAMS and D.G. WHITAKER v. WELLS FARGO BANK, N.A. and BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP

MICHAEL H. SCHNEIDER

Judge Schneider/Judge Mazzant
MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636. On February 9, 2012, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that Barrett Daffin Frappier Turner & Engel, LLP's Motion to Dismiss (Dkt. No. 7) be granted.

Having received the report of the United States Magistrate Judge, and no objections thereto having been timely filed, this Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge's report as the findings and conclusions of the Court.

It is, therefore, ORDERED that Barrett Daffin Frappier Turner & Engel, LLP's Motion to Dismiss (Dkt. No. 7) is GRANTED, and Plaintiffs' claims against Barrett Daffin Frappier Turner & Engel, LLP are DISMISSED with prejudice.

It is further ORDERED that Defendant Barrett Daffin Frappier Turner & Engel, LLP's Motion to Dismiss Pursuant to Rule 12(b)(6) is DENIED as moot.

It is further ORDERED that Defendant Wells Fargo Bank, N.A.'s Motion to Dismiss (Dkt. No. 9) is GRANTED, and Wells Fargo Bank, N.A. is DISMISSED with prejudice. The Court has considered the motion to dismiss, lack of response, and the defective pleadings of the Plaintiffs, and there are no plausible claims against Wells Fargo.

It is SO ORDERED.

____________________


MICHAEL H. SCHNEIDER


UNITED STATES DISTRICT JUDGE


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Williams v. Wells Fargo Bank, N.A.
(Mar 1, 2012)