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17-1616 - Bryan v. Bank of America, N.A. et al


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17-1616 - Bryan v. Bank of America, N.A. et al
January 18, 2018
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MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that Defendant Bank of America, N.A., as Successor by Merger to BAC Home Loans Servicing, L.P.'s Motion to Dismiss Plaintiffs First Amended Complaint for Failure to State a Claim (ECF No. 25) is GRANTED as to the tort damages claim for wrongful foreclosure in Count I and DENIED as to the equitable claim for wrongful foreclosure in Count I. IT IS FURTHER ORDERED that Defendant's Motion to Dismiss Count II, construed as a Motion for More Definite Statement, is GRANTED. IT IS FURTHER ORDERED that Plaintiff shall have twenty (20) days from the date of this Memorandum and Order to amend his First Amended Complaint in accordance with the foregoing. IT IS FURTHER ORDERED that Defendant's Motion to Dismiss Plaintiffs Petition for Failure to State a Claim (ECF No. 8) is DENIED as MOOT. IT IS FINALLY ORDERED that Plaintiffs Motion for Leave of court to Request Order Referring Case to Alternate Dispute Resolution (ECF No. 32) is DENIED. The parties are free to suggest an early mediation date in their Joint Scheduling Plan when the Court sets a Rule 16 conference. Signed by District Judge Ronnie L. White on 1/18/2018. (NEP)
April 25, 2018
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MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that Plaintiffs Motion for Leave of Court to File Second Amended Complaint (ECF No. 35) is GRANTED. The Clerk of the Court shall file Attachment 1 to the motion (ECF No. 35-1) as Plaintiffs Second Amended Complaint. IT IS FURTHER ORDERED that Plaintiff shall file an appropriate motion to remand no later than May 1, 2018. IT IS FINALLY ORDERED that Plaintiffs Motion for Leave of Court to File Additional Memorandum (ECF No. 42) is DENIED as MOOT. Signed by District Judge Ronnie L. White on 4/25/2018. (NEP)