Brevard v. Wells Fargo Co.
- Paul Engelmayer
- 1:23-cv-07702
- U.S. District Court · Southern District of New York
- 2
In Brevard v. Wells Fargo Co., Judge Engelmayer remanded the case to state court and denied Wells Fargo’s dismissal motion as moot.
Myra Brevard and Wells Fargo Co. are affected: the case was sent to the Civil Court of the City of New York, New York County, and Wells Fargo Co.’s motion to dismiss was denied as moot.
What happened
Myra Brevard sued Wells Fargo Co. in federal court. The opinion adopts a magistrate judge’s recommendation to send the case to the Civil Court of the City of New York, New York County.
No party objected to the recommendation. The court therefore reviewed it for clear error and found none. It also stated that the parties’ failure to object waived review of the recommendation on appeal.
Judge Paul A. Engelmayer adopted the recommendation in full, remanded the case to the specified Civil Court, and denied Wells Fargo’s motion to dismiss as moot, meaning the court did not decide that motion because the case was being remanded.
The detailed version
- Brevard v. Wells Fargo Co. · No. 1:23-cv-07702
- Paul Engelmayer
- Apr. 3, 2024
Background
The federal court considered a March 15, 2024 report and recommendation by United States Magistrate Judge Katharine H. Parker. The recommendation was to remand the case to the Civil Court of the City of New York, New York County, and to deny Wells Fargo Co.’s motion to dismiss as moot. The opinion incorporates the report’s factual summary rather than repeating those facts.
Review of the Recommendation
Because no party objected to the report and recommendation, the court reviewed it for clear error on the face of the record. After reviewing Judge Parker’s report, the court found no facial error and adopted the report in its entirety. The court also stated that the parties’ failure to file timely objections waived review of those objections on appeal.
Ruling
Judge Paul A. Engelmayer ordered that the case be remanded to the Civil Court of the City of New York, New York County. The court denied Wells Fargo Co.’s motion to dismiss as moot. The opinion does not state the underlying reason for the remand. The court also directed the Clerk to mail a copy of the decision to Myra Brevard at the address on file.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.