Johns et al v. Wells Fargo Bank, NA
ORDER ADOPTING 23 REPORT AND RECOMMENDATIONS re 14 MOTION to Dismiss filed by Wells Fargo Bank, NA. The motions is denied in part and granted in part. The plaintiffs 15 U.S.C. § 1692e(11) claim is dismissed with leave for plaintiffs to file, on or before January 23, 2015, a motion for leave to amend their complaint to properly allege a violation of § 1692(e)(11). The motion is otherwise DENIED.. Signed by Judge Kristi K. DuBose on 1/12/2015. (cmj)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
LAURIE B. JOHNS and JOSHUA R.
JOHNS, individually and on behalf of a
class of persons similarly situated,
WELLS FARGO BANK, N.A.,
Civil Action No. 14-0254-KD-C
This action is before the Court on the Report and Recommendation, the objection
filed by defendant Wells Fargo Bank NA, and the response to the objection filed by
plaintiffs Laurie B. Johns and Joshua R. Johns (docs. 23, 25, 28).
For motions to dismiss, the Court need only find sufficient facts to render a claim
plausible. By referring to Wells Fargo as servicing the loan, this is sufficient to allege that it
is a loan servicing company.
Of course, Wells Fargo will be able to challenge the
sufficiency of the evidence to support this allegation on motion for summary judgment.
Therefore, after due and proper consideration of the issues raised, and a de novo
determination of those portions of the recommendation to which objection is made, the
Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(l)(B) and dated
November 6, 2014, is ADOPTED as the opinion of this Court.
Accordingly, the motion to dismiss filed by defendant Wells Fargo (doc. 14) is
GRANTED IN PART and DENIED IN PART. The plaintiffs’ 15 U.S.C. § 1692e(11) claim
is dismissed with leave for plaintiffs to file, on or before January 23, 2015, a motion for
leave to amend their complaint to properly allege a violation of § 1692(e)(11). The motion
is otherwise DENIED.
DONE this 12th day of January 2015.
s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE
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