Young et al v. Midland Mortgage

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
EASTERN DIVISION
James C. Young and Tahnee R. Young, )
)
Plaintiffs, ) ORDER ADOPTING REPORTS
) AND RECOMMENDATIONS
vs. )
) Case No. 3:23-cv-119
Midland Mortgage, )
)
Defendant. )
______________________________________________________________________________
Plaintiffs James C. Young and Tahnee R. Young (“the Youngs”) allege Defendant Midland
Mortgage (“Midland”) violated federal and state law regarding mortgage servicing. The Youngs
moves for default judgment (Doc. 19) and for summary judgment (Doc. 20). Midland also moves
for summary judgment. Doc. 25.
United States Magistrate Judge Alice R. Senechal issued a Report and Recommendation,
recommending the Youngs’ motion for default judgment be denied. Doc. 40. The Youngs object
to the Report and Recommendation. Doc. 48. Judge Senechal also issued another Report and
Recommendation as to the summary judgment motions, recommending the Youngs’ motion for
summary judgment be denied, and Midland’s motion for summary judgment be granted. Doc. 47.
The Youngs object to this Report and Recommendation too. Doc. 50.
The Court has spent considerable time reviewing this case and has carefully reviewed the
Reports and Recommendations, all relevant case law, the Youngs’ objections, as well as the entire
record, and finds both Reports and Recommendations to be legally sound and persuasive. So, the
Court ADOPTS both Reports and Recommendations (Doc. 40 and Doc. 47) in their entirety. The
Youngs’ motion for default judgment (Doc. 19), motion for summary judgment (Doc. 20) and
motion for a hearing (Doc. 21) are DENIED. Midland’s motion for summary judgment (Doc. 25)
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is GRANTED. Given that, the Youngs’ motion to compel (Doc. 36), motion for trial by jury
(Doc. 49), motion to add punitive damages (Doc. 51), and motion for request for subpoenas
(Doc. 52) are MOOT.
IT IS SO ORDERED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated this 11th day of December, 2023.
/s/ Peter D. Welte
Peter D. Welte, Chief Judge
United States District Court
.
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