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17-755 - Allen et al v. Ditech Financial LLC


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17-755 - Allen et al v. Ditech Financial LLC
December 22, 2017
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ech without prejudice. The Court should grant the Allens 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 aFINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should grant Defendant Ditech's Motion to Dismiss [Dkt. No. 11] and dismiss Plaintiffs Aaron Allen and Lori Allen's claims against Defendant Ditnd findings above and should order that, if the Allens fail to do so, their claims against Defendant Ditech will be dismissed with prejudice without further notice. (Ordered by Magistrate Judge David L. Horan on 12/22/2017) (chmb) (Main Document 13 replaced on 12/22/2017) (mcrd).
January 16, 2018
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ORDER ACCEPTING 13 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The court hereby GRANTS defendant Ditech Financial, LLC's motion to dismiss (docket entry 11) and DISMISSES plaintiffs Aaron Allen and Lori Allen's claims against defendant Ditech Financial, LLC without prejudice. Plaintiffs Aaron Allen and Lori Allen are granted 21 days from the date of this order in which to file an amended complaint consistent with magistrate judge's findings and recommendation. If plaintiffs fail to do so, their claims against defendant Ditech Financial, LLC will be dismissed with prejudice without further notice. (Ordered by Senior Judge A. Joe Fish on 1/16/2018) (sss)