(PS) Ponthieux v. Nationstar Mortgage LLC

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEITH J. PONTHIEUX, et al., No. 2:18-cv-0608 JAM DB PS Plaintiffs, v. ORDER NATIONSTAR MORTGAGE, LLC;

AZTEC FORECLOSURE

CORPORATION, Defendants. 17 Plaintiffs, Keith J. Ponthieux, Chris Duenas, and Maria Duenas, are proceeding in this action pro se. This matter was referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). On January 21, 2020, the undersigned issued findings and recommendations recommending that defendants’ motion to dismiss be granted in part. (ECF No. 48.) In recommending dismissal of plaintiffs’ claim under the Fair Debt Collection Practices Act, the undersigned relied on the second amended complaint’s acknowledgment that defendant Nationstar “purportedly acquired the mortgage servicing rights to Plaintiffs’ debt obligation[.]” (Sec. Am. Compl. (ECF No. 32) at 10; F&Rs (ECF No. 48) at 7.) The undersigned interpreted plaintiffs’ use of “purportedly” to mean…