OPINION AND ORDER
CEREZO, District Judge.
This is a diversity action sounding in tort and breach of contract brought by plaintiffs, Jesús Dávila-Fermín, Cristina Dávila, and the conjugal partnership constituted between them, against defendant Southeast Bank, N.A. The matter is now before us on the report and recommendation of the U.S. Magistrate (docket entry 10) and the objections and reply to objections filed thereto.
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