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Scata v. Nationstar Mortgage LLC

United States District Court, District of Colorado

December 12, 2014

MICHAEL SCATA, and JEANNIE SCATA, individually and on behalf of all others similarly situated, Plaintiffs,
v.
NATIONSTAR MORTGAGE LLC, a Delaware limited liability company, Defendants.

ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

Robert E. Blackburn Judge

The matter before me is the recommendation contained in the Recommendation of United States Magistrate Judge [#38], [1] filed November 17, 2014. No objection having been timely filed to the recommendation, I review it for plain error only. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005). Finding no such error in the magistrate judge’s recommended disposition, I find and conclude that the recommendation should be approved and adopted.

THEREFORE, IT IS ORDERED as follows:

1. That the Recommendation of United States Magistrate Judge [#38], filed November 17, 2014, is APPROVED AND ADOPTED as an order of this court;
2. That defendant’s Memorandum of Points and Authorities in Support of Motion To Dismiss [#11], filed March 17, 2014, is GRANTED;
3. That Count VII of the Complaint [#1], filed January 22, 2014, alleging a claim under the Colorado Fair Debt Collection Practices Act, is DISMISSED WITH PREJUDICE; and
4. That at the time judgment enters, judgment with prejudice SHALL ENTER on behalf of defendant, Nationstar Mortgage LLC, a Delaware limited liability company, against plaintiffs, Michael Scata and Jeannie Scata, individually and on behalf of all others similarly situated, jointly and severally, on Count VII of the Complaint [#1], filed January 22, 2014, alleging a claim under the Colorado Fair Debt Collection Practices Act.

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