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JAMES D. HEMENWAY AND DANA A. HEMENWAY, Plaintiffs, v. WELLS FARGO, N.A., a federal bank; and FEDERAL HOME LOAN MORTGAGE CORPORATION, a federal chartered corporation, Defendants.

ANNA J. BROWN

ORDER

BENJAMIN D. KNAUPP


Benjamin D. Knaupp, PC


Attorney for Plaintiffs

ROBERT E. SABIDO


MICHAEL J. MANGAN


Cosgrave Vergeer Kester, LLP


Attorneys for Defendant

BROWN, Judge.

Magistrate Judge Dennis James Hubel issued Findings and Recommendation (#42) on January 9, 2012, in which he recommends this Court grant Defendants' Motion (#19) for Summary Judgment as to each of Plaintiffs' claims for quiet title and breach of the duty of good faith and fair dealing.

On February 6, 2012, the parties stipulated to the dismissal with prejudice of Plaintiff' claims against Defendant Federal Home Loan Mortgage Corporation; thus, the Findings and Recommendation is now only pertinent to Defendant Wells Fargo.

Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, this Court is relieved of its obligation to review the record de novo. Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983)(rev'd on other grounds). See also Lorin Corp. v. Goto & Co., 700 F.2d 1202, 1206 (8th Cir. 1983). Having reviewed the legal principles de novo, the Court does not find any error.

CONCLUSION

The Court ADOPTS Magistrate Judge Hubel's Findings and Recommendation (#42). Accordingly, the Court GRANTS Defendants' Motion (#19) for Summary Judgment as to each of Plaintiffs' claims.

IT IS SO ORDERED.

_______________


ANNA J. BROWN


United States District Judge


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Hemenway v. Wells Fargo, N.A.
(Feb 14, 2012)