Federal National Mortage Association v. Fercan E. Kalkan

Summary

The United States District Court for the Southern District of Texas adopts a magistrate judge’s Memorandum and Recommendation in an action by Federal National Mortgage Association against Fercan E. Kalkan for breach of guaranty. The court overrules Kalkan’s objections, grants summary judgment for the plaintiff, and grants the plaintiff’s motion to strike.

Holdings

1. The district court reviews the magistrate judge's findings and conclusions de novo.
2. Arguments not raised before the magistrate judge are forfeited even if raised for the first time in objections to the Memorandum and Recommendation.
3. The district court is not required to accept evidence submitted for the first time in objections to a magistrate judge's Memorandum and Recommendation.
4. The court adopted the magistrate judge's Memorandum and Recommendation and granted plaintiff's motion for summary judgment and motion to strike.

Questions Presented

1. Whether the district court should review defendant's objections to the magistrate judge's Memorandum and Recommendation de novo.
2. Whether defendant forfeited arguments raised for the first time in objections to the Memorandum and Recommendation.
3. Whether the district court was required to consider evidence submitted for the first time in defendant's objections.
4. Whether plaintiff was entitled to summary judgment on its breach-of-guaranty claim and whether defendant's rebuttal to plaintiff's sur-reply should be stricken.

Disposition

other