John Randall v. NewRez LLC

Summary

The United States District Court for the District of Utah adopted a magistrate judge’s Report and Recommendation in an action alleging breach of a settlement agreement and violations of the Fair Credit Reporting Act. The court dismissed the FCRA claim without prejudice, declined to exercise supplemental jurisdiction over the remaining state-law contract claim, and remanded the case to state court. The court then directed the Clerk to close the case.

Holdings

1. When no objections are filed, the district court reviews the unobjected-to portions of a report and recommendation for clear error and may adopt the recommendation if no clear error appears.
2. Plaintiff's Fair Credit Reporting Act claim was dismissed without prejudice after Plaintiff abandoned or requested dismissal of that claim.
3. The remaining state-law breach-of-contract claim was remanded after the court adopted the recommendation to decline supplemental jurisdiction.

Questions Presented

1. Whether the magistrate judge's report and recommendation should be adopted when no party filed objections.
2. Whether Plaintiff's Fair Credit Reporting Act claim should be dismissed without prejudice after Plaintiff abandoned or requested dismissal of that claim.
3. Whether the remaining state-law breach-of-contract claim should be remanded because the court should decline to exercise supplemental jurisdiction.

Disposition

remanded