Prince et al v. U.S. Bank National Association

Filing 63

ORDER GRANTING IN PART (only as to Plaintiffs' retaliation claim under the Equal Credit Opportunity Act, 15 U.S.C. 1691(a)(3)) 32 MOTION to Dismiss First Amended Complaint by U.S. Bank National Association. ADOPTING 59 REPORT AND RECO MMENDATIONS re 32 MOTION to Dismiss First Amended Complaint filed by U.S. Bank National AssociationREPORT AND RECOMMENDATIONS re 32 MOTION to Dismiss First Amended Complaint filed by U.S. Bank National Association. Signed by Judge Kristi K. DuBose on 9/14/09. (adk)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION BARTON E. PRINCE and ANGELA W. ) PRINCE, ) ) Plaintiffs, ) ) v. ) ) U. S. BANK NATIONAL ASSOCIATION, ) et al., ) ) Defendants. )

CIVIL ACTION NO. 08-00574-KD-N

ORDER After due and proper consideration of all portions of this file deemed relevant to the issue raised, and a de novo determination of those portions of the Report and Recommendation to which objection is made, the Report and 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 be and is hereby GRANTED only as to Plaintiffs' retaliation claim under the Equal Credit Opportunity Act, 15 U.S.C. § 1691(a)(3), and is DENIED as to all other claims. DONE this 14th day of September, 2009.

s/ Kristi K. DuBose KRISTI K. DuBOSE

UNITED STATES DISTRICT JUDGE