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17-134 - Dylon v. Bank of America NA


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17-134 - Dylon v. Bank of America NA
April 28, 2017
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should conclude that it has subject matter jurisdiction over this action and should grant Defendant Bank of America N.A.'s Motion to Dismiss [Dkt. No. 10]. In particular, the Court should dismiss Plaintiff's claims for breach of contract, common law fraud, and promissory estoppel without prejudice and should deny Plaintiff's application for injunctive relief without prejudice. The Court should grant Dylon 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 should order that, if Dylon fails to do so, the case will be dismissed with prejudice without further notice. (Ordered by Magistrate Judge David L. Horan on 4/28/2017) (epm) Modified to enhance text on 5/2/2017 (mcrd).
May 23, 2017
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Order Accepting Findings and Recommendations re: 23 Findings and Recommendations on Motion re: 10 Motion to Dismiss filed by Bank of America N A. (Ordered by Chief Judge Barbara M.G. Lynn on 5/23/2017) (svc)