Jackson et al v. Specialized Loan Servicing LLC et al

Filing 45

ORDER ADOPTING 39 REPORT AND RECOMMENDATION. Dfts' 19 MOTION to Dismiss is GRANTED as set out. This action is dismissed in its entirety against Specialized Loan Servicing, LLC, Bank of New York Melon, & Mortgage Electronic Registration Systems. This action remains pending against Bank of America, N.A., as to Counts six & sixteen. Plfs' 42 MOTION to Amend Complaint is DENIED as set out. Signed by Senior Judge Callie V. S. Granade on 9/15/2016. (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
KARUN N. JACKSON, et al.,
Plaintiff,
vs.
BANK OF NEW YORK MELLON, et
al.,
Defendant.

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CIVIL ACTION NO. 16-0062-CG-M

ORDER
After due and proper consideration of the relevant pleadings and 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)(1)(B) is adopted as the
opinion of this Court.1
It is ORDERED that Defendants’ Motion to Dismiss be granted
pursuant to Rule 12(b)(6) for failure to state a claim against Specialized Loan
Servicing, LLC (“SLS”), Bank of New York Mellon (“BONYM”), and Mortgage
Electronic Registration Systems (“MERS”) as follows:
Counts one, two, three, four, five, eight, and nine dismissed against
Defendants, SLS and BONYM. Counts six, seven, and sixteen dismissed

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Because the Court adopts the Report and Recommendation as a whole, including the
holding at Footnote 11 which denies Plaintiff’s request to file yet another Amended
Complaint, the Court DENIES Plaintiffs’ Motion to Amend Complaint (Doc. 42), and
further finds that said motion is also due to be denied for the reasons set forth in the
Response to the Motion to Amend the Complaint (Doc. 44).

against Defendants, SLS, BONYM, and MERS. Counts ten, eleven, twelve,
thirteen, fourteen, and fifteen dismissed against SLS, resulting in this action
being dismissed in its entirety against SLS, BONYM, and MERS.
This action remains pending against Bank of America, N.A. (“BANA”)
as to Counts six and sixteen.
DONE and ORDERED this 15th day of September, 2016.
/s/ Callie V. S. Granade
SENIOR UNITED STATES DISTRICT JUDGE

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