TURNER ET AL. v. TRINITY FINANCIAL SERVICES, LLC ET AL.

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Defendants' Motion to Dismiss Plaintiffs' Complaint for Failure to State a Claim is DENIED as to Counts I and II (FDCPA and RESPA) and GRANTED as to Count III (Breach of Fiduciary Duty), d ismissing the breach of fiduciary duty claim without prejudice. Plaintiff may file an amended complaint curing the deficiencies discussed above, if desired, within twenty-one (21) days of the date of this Order. Signed by Judge Sarah Evans Barker on 12/1/2015.(CKM)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION DAVID L. TURNER, MELINDA J. TURNER, Plaintiffs, vs. TRINITY FINANCIAL SERVICES, LLC, LAW OFFICE OF DAMIAN G. WALDMAN, P.A., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) 1:15-cv-01046-SEB-MJD ORDER ADOPTING REPORT AND RECOMMENDATION The Magistrate Judge submitted his Report and Recommendation on Defendant’s Motion to Dismiss Plaintiff’s Complaint for Failure to State a Claim [Dkt. 12]. The parties were afforded due opportunity pursuant to statute and the rules of this Court to file objections; none were filed. The Court, having considered the Magistrate Judge’s Report and Recommendation, hereby adopts the Magistrate Judge’s Report and Recommendation. The Defendants’ Motion to Dismiss Plaintiffs’ Complaint for Failure to State a Claim is DENIED as to Counts I and II (FDCPA and RESPA) and GRANTED as to Count III (Breach of Fiduciary Duty), dismissing the breach of fiduciary duty claim without prejudice. Plaintiff may file an amended complaint curing the deficiencies discussed above, if desired, within twenty-one (21) days of the date of this Order. SO ORDERED. 12/1/2015 Distribution: All ECF-registered counsel of record via email generated by the court’s ECF system

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