Ward et al v. Lime Financial Services, Ltd.

Filing 59

ORDER ADOPTING 58 REPORT AND RECOMMENDATIONS re 46 MOTION to Dismiss filed by Lime Financial Services, Ltd., recommending that plaintiffs claim for rescission under the three-year alternative period provided under TILA be DISMISSED with prejudice, and that plaintiffs claims for misrepresentation of the finance charge and civil damages be DISMISSED without prejudice. Signed by Judge Kristi K. DuBose on 10/21/09. (cmj)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION AARON AND KAYNATICE WARD, et al., ) Plaintiffs, ) ) v. ) ) LIME FINANCIAL SERVICES, LTD., ) Defendant. )

CIVIL ACTION NO. 09-00057-KD-N

ORDER After due and proper consideration of all pleadings in this file and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated October 5, 2009 is ADOPTED as the opinion of this Court. It is ORDERED that the Defendants' Motion to Dismiss (Doc. 46) is GRANTED, that Plaintiffs' claim seeking enforcement of their claimed right to is action is DISMISSED with prejudice, and that Plaintiffs' claims for misrepresentation of the finance charge and for civil damages are DISMISSED without prejudice. No costs are taxed. DONE and ORDERED this the 21st day of October 2009. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE