Taylor et al v. Wells Fargo Bank, N.A. et al

Filing 49

ORDER adopting 48 Report and Recommendations; granting 39 Defendants' Motion to Dismiss Plaintiffs' Amended Class Action Complaint and dismissing 38 the Amended Class Action Complaint without prejudice; finding as moot 40 Defend ants' Motion to Sever and Dismiss Out-of-State Plaintiffs' Amended Claims. Plaintiffs shall file a second amended complaint, repleading only individual claims, by September 25, 2017. Defendants shall file an answer or motion to dismiss by October 16, 2017. Signed by Judge Timothy J. Corrigan on 8/28/2017. (SEJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
JAMES R. TAYLOR, on behalf of
themselves and all others similarly
situated, CHARLENE TAYLOR, on
behalf of themselves and all others
similarly situated, JARMAUR
STALLINGS, on behalf of
themselves and all others similarly
situated, STARLA STALLINGS, on
behalf of themselves and all others
similarly situated, ROBIN
DERISEIS, on behalf of themselves
and all others similarly situated,
SEAN EVANS, on behalf of
themselves and all others similarly
situated, GARY KAPALA, on behalf
of themselves and all others
similarly situated, BERNARD
MCNAIR, on behalf of themselves
and all others similarly situated,
CRESTIN GREENWOOD, on behalf
of themselves and all others
similarly situated, WILLIE
HOUSTON, JR. , on behalf of
themselves and all others similarly
situated, APRIL BOWEN, on behalf
of themselves and all others
similarly situated, JO ANN
LANGSTON, on behalf of
themselves and all others similarly
situated, and ROGER
CLEVELAND, on behalf of
themselves and all others similarly
situated,
Plaintiffs,

v.

Case No. 3:16-cv-159-J-32JRK

WELLS FARGO BANK, N.A. and
WELLS FARGO BANK, N.A.,
Defendants.

ORDER
This case is before the Court on the Defendants’ Motion to Dismiss
Plaintiffs’ Amended Class Action Complaint (Doc. 39) and Defendants’ Motion
to Sever and Dismiss Out-of-State Plaintiffs’ Amended Claims (Doc. 40). On
August 8, 2017, the assigned United States Magistrate Judge issued a Report
and Recommendation (Doc. 48) recommending that: (1) Defendants’ Motion to
Dismiss Plaintiffs’ Amended Class Action Complaint be granted to the extent
that the entire Amended Complaint should be dismissed without prejudice; (2)
Plaintiffs be permitted to file a second amended complaint repleading only
individual claims within 14 days of the entry of an Order on the Motion; and (3)
Defendants’ Motion to Sever and Dismiss Out-of-State Plaintiffs’ Amended
Claims be found moot.
No party has filed an objection to the Report and Recommendation, and
the time in which to do so has passed. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P.
72(b); M.D. Fla. R. 6.02(a).

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Upon de novo review and for the reasons stated in the Report and
Recommendation (Doc. 48), it is hereby
ORDERED:
1.

The Report and Recommendation of the Magistrate Judge (Doc. 48)

is ADOPTED as the opinion of the Court.
2.

Defendants’ Motion to Dismiss Plaintiffs’ Amended Class Action

Complaint (Doc. 39) is GRANTED to the extent that the Amended Class Action
Complaint (Doc. 38) is DISMISSED without prejudice.
3.

Defendants’ Motion to Sever and Dismiss Out-of-State Plaintiffs’

Amended Claims (Doc. 40) is MOOT.
4.

Plaintiffs shall file a second amended complaint, repleading only

individual claims, by September 25, 2017.
5.

Defendants shall file an answer or motion to dismiss by October

16, 2017.
DONE AND ORDERED in Jacksonville, Florida the 28th day of August,
2017.

sj
Copies to:
3

Honorable James R. Klindt
United States Magistrate Judge
Counsel of record

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