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15-1711 - Markey v. Green Tree Servicing, LLC et al


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15-1711 - Markey v. Green Tree Servicing, LLC et al
September 22, 2016
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ORDER. The Motion 21 to Dismiss is GRANTED as to Counts One and Two and DENIED as to Count Three. The Motion 2 for Temporary Restraining Order and/or Preliminary Injunction is DENIED. Markey may choose, if she wishes, to re-plead her breach of contract and breach of the covenant of good faith and fair dealing claims in an amended complaint that addresses the defects discussed herein, consistent with Fed. R. Civ. P. 11. Otherwise, she may simply proceed on the alternative promissory estoppel claim. Markey is granted leave to file any amended complaint within 21 days of this ruling; if no amended complaint is filed within that time, the case will continue as to the promissory estoppel claim only. Should Markey choose to amend her complaint and should Defendants then file a new motion to dismiss, Defendants may incorporate by reference any prior briefing. Signed by Judge Michael P. Shea on 9/22/16. (Tegeler, D.)