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Cadc-Radc Venture 2011-1 v. David P. Steward and Teresa M. Stewart

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO


February 3, 2012

CADC-RADC VENTURE 2011-1,
LLC, A DELWARE LLC.,
PLAINTIFF,
v.
DAVID P. STEWARD AND TERESA M. STEWART, HUSBAND AND WIFE, DEFENDANTS.
DAVID P. STEWARD AND TERESA M. STEWART, HUSBAND AND WIFE, COUNTERCLAIMANTS,
v.
FEDERAL DEPOSIT INSURANCE COMPANY, AS RECEIVER FOR PREMIER BANK, A MISSOURI BANKING CORPORATION, COUNTERDEFENDANT.

The opinion of the court was delivered by: U. S. District Judge Honorable Edward J. Lodge

ORDER ADOPTING REPORT AND RECOMMENDATION

On January 12, 2012, United States Magistrate Mikel H. Williams issued a Report and Recommendation, recommending that the Federal Deposit Insurance Corporation's ("FDICR") Motion to Dismiss Counterclaims be granted. (Dkt. 54.) Any party may challenge a magistrate judge's proposed recommendation by filing written objections within fourteen days after being served with a copy of the Magistrate Judges's Report and Recommendation. See 28 U.S.C. § 636(b)(1)(C). The district court must then "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." Id. The district court may accept, reject, or modify in whole or in part, the findings and recommendations made by the Magistrate Judge. Id.; see also Fed. R. Civ. P. 72(b).

There were no objections to the report and recommendation filed in this matter and the time for doing so has passed. (Dkt. 54.) The Court has reviewed the Report and Recommendation, the parties' briefing on the Motion, and the entire record in this matter. Based upon this review, the Court finds the Report and Recommendation has correctly decided the Motion and the Court will adopt the same.

Having conducted a de novo review of the Report and Recommendation, this Court finds that Magistrate Judge Williams' Report and Recommendation is well founded in law and consistent with this Court's own view of the evidence in the record. Acting on the recommendation of Magistrate Judge Williams, and this Court being fully advised in the premises, IT IS HEREBY ORDERED that the Report and Recommendation entered on January 12, 2012, (Dkt. 54), should be, and is hereby, INCORPORATED by reference and ADOPTED in its entirety.

THEREFORE, IT IS HEREBY ORDERED that the Motion to Dismiss Counterclaims (Dkt. 24) is GRANTED for lack of subject matter jurisdiction.

20120203

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