Smith v. Wells Fargo Bank National Association (MAG+)
OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 5/3/2016. (dmn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
ALEX SMITH JR., a man,
WELLS FARGO BANK
CIVIL ACTION NO.
Plaintiff filed this lawsuit asserting claims under
the Fair Debt Collection Practices Act (“FDCPA”) (15
U.S.C. §§ 1692, 1692a to 1692p) and the Fair Credit
Reporting Act (“FCRA”) (15 U.S.C. §§ 1681, 1681a to
1681x), and related state-law claims, all stemming from
This lawsuit is now before the court
complaint be denied as futile.
Also before the court
are plaintiff’s objections to the recommendation, and
complaint, filed on the same day as the objections.
After an independent and de novo review of the record,
the court concludes that plaintiff’s objections should
adopted, and the first motion for leave to file an
amended complaint denied.*
In addition, after review of
the second motion for leave to amend the complaint and
comparison of the motion and attached proposed amended
amended complaint, the court concludes that the changes
On page 8, the recommendation states: “Plaintiff’s
proposed amended complaint was filed on February 5,
2016, six months after S&P’s last alleged violation.”
Recommendation (doc. no. 22). The court reads this as
a typo; the sentence should have stated that the
“proposed amended complaint was filed … one year and
six months after S&P’s last alleged violation.”
made to the proposed amended complaint would not alter
the court’s reasoning or conclusion.
court will deny the second motion.
An appropriate judgment will be entered.
DONE, this the 3rd day of May, 2016.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE
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