Amorello et al v. America's Servicing Company

Filing 17

Magistrate Judge David H. Hennessy: ORDER entered denying 6 Motion to Dismiss for Failure to State a Claim. "DENIED WITHOUTPREJUDICE for failure to comply with Local Rule 7.1." (Belpedio, Lisa)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

NANCY AMORELLO,
PETER AMORELLO,
Plaintiffs,

v.
AMERICA’S SERVICING COMPANY,
Defendant.

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CIVIL ACTION
NO. 14-10200-DHH

ORDER
March 3, 2014
Hennessy, M.J.
On February 3, 2014, Defendant Wells Fargo Bank, N.A. (“Wells Fargo”)1 filed a Motion
to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (Docket #6).

Pursuant to

Local Rule 7.1(A)(2), counsel was required to include a certificate in this motion stating that
counsel had conferred and attempted in good faith to resolve or narrow the issue. The motion
does not contain the requisite certification.
Therefore, the Motion to Dismiss (Docket #6) is hereby DENIED WITHOUT
PREJUDICE for failure to comply with Local Rule 7.1.

/S/ David H. Hennessy
David H. Hennessy
UNITED STATES MAGISTRATE JUDGE

1

Wells Fargo states that it was incorrectly identified in Plaintiffs’ Complaint as America’s Servicing Company.
(Docket #6 at 1).