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Earl Kazuichi Fujikawa v. One West Bank

May 30, 2012

EARL KAZUICHI FUJIKAWA,
PLAINTIFF,
v.
ONE WEST BANK, FSB DBA INDYMAC MORTGAGE SERVICES; LOAN NETWORK, LLC; JOHN DOES 1-10; JANE ROES 1-10; DOE CORPORATIONS, PARTNERSHIPS OR OTHER ENTITIES 1-10,
DEFENDANTS.



The opinion of the court was delivered by: Helen Gillmor United States District Judge

ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO DISMISS CASE WITH PREJUDICE (DOC. 68) AND GRANTING DEFENDANT ONE WEST BANK, FSB'S MOTION TO: (1) EXPUNGE THE NOTICE OF PENDENCY OF ACTION FILED BY PLAINTIFF ON MARCH 9, 2011; and (2) TO DISMISS CASE WITH PREJUDICE; AND DENYING REQUEST FOR ATTORNEYS' FEES AND COSTS (Doc. 60)

On March 9, 2011, Plaintiff Earl Kazuichi Fujikawa filed a Complaint alleging various claims in connection with a mortgage transaction. (Doc. 1).

On July 21, 2011, the Court issued an Order dismissing the Complaint, and granting Plaintiff leave to file a motion for leave to file an amended complaint. (Doc. 24).

On October 12, 2011, the Magistrate Judge issued an Order denying Plaintiff leave to file an amended complaint. (Doc. 31).

On January 6, 2012, the Magistrate Judge issued an Order denying Plaintiff's Renewed Motion for Leave to File a First Amended Complaint. (Doc. 41).

On April 6, 2012, the Magistrate Judge issued an Order to Show Cause why the case should not be dismissed for failure to prosecute. (Doc. 55).

On April 18, 2012, Defendant One West Bank, FSB ("Defendant") filed a Motion to: (1) Expunge the Notice of Pendency of Action filed by Plaintiff on March 9, 2011; and (2) to Dismiss Case With Prejudice. (Doc. 60). In the Motion, Defendant also requests an award of attorneys' fees and costs.

On May 3, 2012, the Magistrate Judge issued a Findings and Recommendation to Dismiss Case With Prejudice. (Doc. 68).

The Magistrate Judge's Findings and Recommendation (Doc. 68) is ADOPTED.

Defendant One West Bank, FSB's Motion (Doc. 60) is GRANTED IN PART AND DENIED IN PART. The Motion to Expunge the Pendency of Action and Dismiss the Case With Prejudice is GRANTED. The Request for Attorneys' Fees and Costs is DENIED.

MOTIONS BEFORE THE COURT

The Magistrate Judge's Findings and Recommendation ("F&R") to Dismiss Case With Prejudice recounts the procedural history of the case in detail. Before the Court is the F&R recommending dismissal (Doc. 68) and the Motion filed on April 18, 2012, by Defendant One West Bank, FSB, to: (1) Expunge the Notice of Pendency of Action filed by Plaintiff on March 9, 2011; (2) to Dismiss Case With Prejudice, and (3) be Awarded Attorneys' Fees and Costs (Doc. 60).

I. Findings and Recommendation

A magistrate judge may be assigned to prepare findings and recommendation for a district judge on a matter that is dispositive of a claim. Fed. R. Civ. P. 72(b)(1). If a party objects to the magistrate judge's findings and recommendation, the district court must review de novo those portions to which objection is made. United States v. Raddatz, 447 U.S. 667, 673 (1980); Fed. R. Civ. P. 72(b)(2). The district court "may accept, reject, or modify, in whole or in part, the findings and recommendations made by the magistrate judge," or recommit the ...


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