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16-2331 - Jones v. Select Portfolio Servicing Inc et al


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16-2331 - Jones v. Select Portfolio Servicing Inc et al
October 12, 2016
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should grant Defendants' Motion to Dismiss [Dkt. No. 7] and Plaintiff's Motion for Leave to Amend [Dkt. No. 14]. The Court should specifically dismiss with prejudice Plaintiff's claim for violation of 12 C.F.R. § 1024.38(b), dismiss without prejudice Plaintiff's claims for violation of 12 C.F.R. § 1024.41 and for negligent undertaking, grant Plaintiff 21 days from the date of any order adopting these Findings, Conclusions, and Recommendation in which to file an amended complaint consistent with this recommendation and the conclusions and findings above, and order that, if Plaintiff fails to do so, the case will be dismissed with prejudice without further notice. (Ordered by Magistrate Judge David L Horan on 10/12/2016) (mcrd)
November 3, 2016
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ORDER ACCEPTING 16 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. The Court GRANTS Defendants' 7 Motion to Dismiss and Plaintiff's 14 Motion for Leave to Amend. Plaintiff shall have 21 days from the date of this order to file an amended complaint consistent with the Findings, Conclusions, and Recommendation referenced above. If Plaintiff fails to file an amended complaint, the case will be dismissed with prejudice without further notice. (Ordered by Judge Ed Kinkeade on 11/3/2016) (ykp)