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17-1265 - Whitmore v. Bank of New York Mellon et al

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17-1265 - Whitmore v. Bank of New York Mellon et al
May 16, 2017
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ORDER AND REASONS granting in part 11 MOTION to Dismiss for Failure to State a Claim, 13 MOTION for Judgment on the Pleadings; all of plaintiff's claims are DISMISSED WITHOUT PREJUDICE. FURTHER ORDERED that Whitmore may file an amended complaint no later than 6/2/2017. If Whitmore does not timely file an amended complaint, this Court will dismiss the lawsuit with prejudice. If an amended complaint is timely filed and if the defendants take the position that the claims in Whitmore's amended complaint are barred by res judicata or otherwise, they shall file motions to dismiss this lawsuit with prejudice no later than 6/19/2017. Signed by Judge Lance M Africk on 5/16/2017.(blg)