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16-161 - Gunn et al v. Bank of America, N.A. et al (JOINT ASSIGN)


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16-161 - Gunn et al v. Bank of America, N.A. et al (JOINT ASSIGN)
May 20, 2016
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REPORT AND RECOMMENDATION: it is the RECOMMENDATION of the Magistrate Judge that: (1) Defendant Bank of America's 6 motion to dismiss be GRANTED in its entirety; and (2) Defendant Selene Finance's 7 motion to dismiss be DENIED in part and GRANTED in part. Selene Finance's 7 motion to dismiss is due to be DENIED as to Plaintiffs' breach of contract claim and GRANTED as to all remaining claims. Objections to R&R due by 6/3/2016. Signed by Honorable Judge Paul W. Greene on 5/20/2016. (kh, )
July 11, 2016
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ORDERED as follows: (1) The Objections filed by Selene Finance, LP (Doc. # 17) are OVERRULED; (2) The Recommendation of the Magistrate Judge (Doc. # 14) is ADOPTED; (3) The motion to dismiss filed by Defendant Bank of America (Doc. # 6) is GRANTED in its entirety and the Clerk of the Court is DIRECTED to terminate Bank of America as a defendant in this action; (4) The motion to dismiss filed by Defendant Selene Finance LP (Doc. # 7) is GRANTED in part and DENIED in part. The motion is DENIED as to Plaintiffs' breach of contract claim in Count 4. The motion is GRANTED as to all other claims. Signed by Chief Judge William Keith Watkins on 7/11/2016. (kh, )