Machinski v. Ally Bank et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
ROBERT MACHINSKI,
Plaintiff,
v.
ALLY BANK, et al.,
Defendants.
ORDER ADOPTING REPORT AND
RECOMMENDATION
Case No. 2:25-cv-00292-AMA-CMR
District Judge Ann Marie McIff Allen
Magistrate Judge Cecilia M. Romero
Before the Court is the Report and Recommendation issued by United States Magistrate
Judge Cecilia M. Romero on February 2, 2026, recommending the Court grant Defendant Ally
Bank’s Motion to Dismiss (ECF No. 71), deny Plaintiff’s Motion to Amend (ECF No. 77), and
allow Plaintiff leave to file a second amended complaint that comports with the rulings made in
the Report and Recommendation.1 The parties were notified of their right to file objections to the
Report and Recommendation within fourteen days of service.2 	Plaintiff filed a notice of non-
objection.3 Defendants did not object or make any other filing.
Having reviewed all relevant materials, including the reasoning set forth in the Magistrate
Judge’s Report and Recommendation, the Court adopts it.
1 See Report and Recommendation (ECF No. 85).
2 See id. at 15.
3 ECF No. 87.
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ORDER
Based on the above, the Court ADOPTS the Report and Recommendation (ECF No. 85):
1. 	GRANTS Defendant Ally Bank’s Motion to Dismiss (ECF No. 71), dismissing
Plaintiff’s First Amended Complaint for failure to state a claim, but without prejudice
to a potential future amendment;
2. 	DENIES Plaintiff’s Motion to Amend (ECF No. 77); and
3. 	FURTHER ORDERS Plaintiff may file a second amended complaint that comports
with rulings made, and now adopted, in the Report and Recommendation within
twenty-eight (28) days.
DATED this 19th day of February 2026. 	By the Court:
Ann Marie McIff Allen
United States District Judge
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