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16-483 - Pemental v Nationstar Mortgage LLC et al


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16-483 - Pemental v Nationstar Mortgage LLC et al
May 10, 2017
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REPORT AND RECOMMENDATIONS re 2 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by The Bank of New York Mellon, Nationstar Mortgage, LLC. recommend that the motion to dismiss (ECF No. 2) brought by Defendants Mellon and Nationstar be granted, provided that Plaintiff Christopher Pemental first be afforded thirty days from the adoption of this report and recommendation to amend his Complaint. If he fails to do so; or to the extent that any claim in his amended pleading still fails to state a claim; or, as to his claims arising under TILA and FDCPA, to the extent that he fails plausibly to allege injury-in-fact as required by Spokeo, I recommend that the Court enter an order of dismissal. Alternatively, if the Court does not adopt my recommendation regarding Counts III and IV, I recommend that the motion for more definite statement should be granted. Objections to R&R due by 5/24/2017. So Ordered by Magistrate Judge Patricia A. Sullivan on 5/10/2017. (Saucier, Martha)
August 1, 2017
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MEMORANDUM AND ORDER granting 2 Motion to Dismiss for Failure to State a Claim provided that Plaintiff Christopher Pemental first be afforded thirty days from the date of this order to amend his Complaint; adopting 14 Report and Recommendations; finding as moot 21 Motion for Extension of Time to Object to 14 REPORT AND RECOMMENDATIONS. So Ordered by Chief Judge William E. Smith on 8/1/2017. (Jackson, Ryan)