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16-2629 - Cunningham v. Rapid Capital Funding, LLC/RCF et al


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16-2629 - Cunningham v. Rapid Capital Funding, LLC/RCF et al
July 24, 2017
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REPORT AND RECOMMENDATION: The Report and Recommendation filed in this matter on July 21, 2017 (Doc. 112) is VACATED and replaced by the following recommendations. The Magistrate Judge RECOMMENDS the amendment be allowed nunc pro tunc and Plaintiff's Second Amended Complaint (Doc. 55) supersede all prior complaints in this matter. Should amendment be permitted, the Magistrate Judge RECOMMENDS Defendants' motions to dismiss Plaintiff's earlier complaints (Docs. 31, 35, 50, 90) be TERMINATED AS MOOT and Defendants be GRANTED twenty-eight (28) days to answer or move to dismiss Plaintiff's Second Amended Complaint. Signed by Magistrate Judge Joe Brown on 7/24/17. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
July 27, 2017
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REPORT AND RECOMMENDATION re 66 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by RCF, LLC, Craig Hecker, RCF II, LLC. For the foregoing reasons, the Magistrate Judge RECOMMENDS Defendants RCF II, LLC, RCF, LLC, and Craig Hecker's Motion to Dismiss Plaintiff's Second Amended Complaint (Doc. 66) be GRANTED IN PART and DENIED IN PART; the motion to dismiss Count I of Plaintiff's Second Amended Complaint be GRANTED as to the RCF Defendants; the motion to dismiss Count II of Plaintiff's Second Amended Complaint be DENIED; and the motion to strike Plaintiff's prayer for attorneys' fees be GRANTED. Pursuant to Rule 72(b) of the Federal Rules of Civil Procedure, the parties have fourteen days, after being served with a copy of this R&R to serve and file written objections to the findings and recommendation proposed herein. A party shall respond to the objecting party's objections to this R&R within fourteen days after being served with a copy thereof. Failure to file specific objections within fourteen days of receipt of this R&R may constitute a waiver of further appeal. Thomas v. Arn, 474 U.S. 140, 155 (1985). Signed by Magistrate Judge Joe Brown on 7/27/17. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
August 17, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS: On July 24, 2017, the magistrate judge issued a Report and Recommendation (DE #114), to which no timely objections have been filed. The Report and Recommendation is therefore ACCEPTED and made the findings of fact and conclusions of law of this court. For the reasons expressed therein, it is hereby ORDERED that the defendants' Motions to Dismiss the plaintiff's earlier Complaints (Docket Nos. 31, 35, 50, 90) are hereby TERMINATED as moot. The defendants have 28 days within which to answer or move to dismiss the plaintiff's Second Amended Complaint (Docket No. 55). This case is returned to the magistrate judge for further handling under the original referral order. Signed by District Judge Aleta A. Trauger on 8/17/17. (xc:Pro se party by regular mail. ) (gb)
August 31, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Report and Recommendation of the Magistrate Judge (115) is adopted and approved. Accordingly, Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint (66) is GRANTED in part (as to Count 1) and DENIED in part (as to Count 2). In addition, Defendants' request to strike Plaintiff's prayer for pro se attorneys' fees is GRANTED. Signed by District Judge Aleta A. Trauger on 8/31/17. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)