Hawkins et al v. Bank of America NA
ORDER directing Defendant Bank of America to file an answer by 7 March 2014. A final scheduling order will issue. Signed by Judge D. P. Marshall Jr. on 2/20/2014. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
TONY HAWKINS and SHEILA
BANK OF AMERICANA
The Hawkinses have pleaded a plausible claim under the Arkansas
Deceptive Trade Practices Act. They have given enough particulars to
support their allegation that Bank of America delayed their loan-modification
process for an extended period of time, and they are now more than two years
behind on their mortgage payments, and at risk of losing their home, as a
result. FED. R. CIV. P. 9(b). The Hawkinses have not, however, given enough
details, at this point, to support their allegation that Bank of America told
them to fall six months behind on their mortgage. In fact, the papers attached
to, and incorporated in, their pleading show that Bank of America told them
the exact opposite. N2 28-1 at 63; Porous Media Corp. v. Pall Corp., 186 F.3d
1077,1079 (8th Cir. 1999). The Hawkinses' ADTPA claim- based only on an
allegedly unconscionable delay- moves forward. Bank of America's answer
due 7 March 2014. A final scheduling order will issue.
D.P. Marshall Jr(
United States District Judge
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