Rogers et al v. Countrywide Home Loans, Inc.

Filing 24

ORDER ADOPTING 23 REPORT AND RECOMMENDATION as the opinion of this court, granting in part and denying in part defendant's 7 MOTION to Dismiss or, in the Alternative, Motion for More Definite Statement, and granting plaintiffs leave to file an amended complaint which more definitively states the factual basis for their claims by 5/11/2009. Signed by Chief Judge Callie V. S. Granade on 04/24/2009. (mab)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ANITA R. ROGERS and WILLIAM A. ROGERS, Plaintiffs, vs. COUNTRYWIDE HOME LOANS, INC., d/b/a AMERICA'S WHOLESALE LENDER, Defendant. : : : : : : : : : : : :

CIVIL ACTION 08-549-CG-M

ORDER After due and proper consideration of all pleadings in this file, and there having been no objections filed, the Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is adopted as the opinion of this Court. It is ORDERED that Defendant's Motion to Dismiss is GRANTED in part and DENIED in part (Docs. 7-8). Specifically, it is ORDERED that the Motion is GRANTED as to Plaintiffs' claims seeking damages under 15 U.S.C. § 1640(e). It is further ORDERED that the balance of the Motion is DENIED. Plaintiffs are hereby granted leave until May 11, 2009, to file an Amended Complaint which more definitively states the factual basis for their claims. DONE and ORDERED this 24th day of April, 2009.

/s/ Callie V. S. Granade CHIEF UNITED STATES DISTRICT JUDGE