Broussard v. CitiMortgage, Inc. et al

Filing 23

ORDER ADOPTING 19 REPORT AND RECOMMENDATION as the opinion of this Court; granting Defendant PennMac's 4 MOTION to Dismiss as to Count II and denying motion as to Count I. Plaintiff's amended complaint due as set forth in Order by 9/14/2016. Signed by Senior Judge Callie V. S. Granade on 8/30/2016. (copy to Pltf) (mab)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
TRACY LYNNE BREECH
BROUSSARD
Plaintiffs,
vs.
CITIMORTGAGE INC, and
PENNYMAC CORP.,
Defendants.

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CIVIL ACTION NO. 16-0149-CG-M

ORDER
After due and proper consideration of the relevant pleadings and the issues
raised, 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 be granted as to PennyMac
as to Count II (TILA violations and wire fraud) and denied as to Count I (wrongful
foreclosure and fraud). Therefore, Count II of the Plaintiff’s complaint is hereby
DISMISSED as to Defendant, PennyMac Corp.
The Court sua sponte extends the time for Plaintiff to file an Amended
Complaint to cure the deficiencies in the allegations for wrongful foreclosure and fraud
pointed out by the Magistrate Judge . The amended complaint is due no later than
September 14, 2016. Plaintiff is advised that failure to comply with the Court’s Order
could result in dismissal of the claims against Defendant PennyMac.
DONE and ORDERED this 30th day of August, 2016.
/s/ Callie V. S. Granade
SENIOR UNITED STATES DISTRICT JUDGE