Wiener v. Bankers Trust Company, et al

Filing 28

ORDER granting plaintiffs' Motion to Amend Complaint 21 (due 10/19/11). Signed by District Judge George Caram Steeh (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
GERARD WIENER, individually,
and as personal representative
of the estate of ROLAND WIENER,
Plaintiffs,
Case No. 11-CV-10770
HON. GEORGE CARAM STEEH

v.
BANKERS TRUST COMPANY,
a foreign company, GMAC
MORTGAGE, LLC, a Delaware
corporation, FEDERAL HOME LOAN
MORTGAGE CORPORATION, a foreign
corporation, JEFFREY BASKIN,
an individual, and LAUREN NEWMAN,
an individual,
Defendants,
AND
JEFFREY BASKIN, an individual,
and LAUREN NEWMAN, an individual,
Defendants/Counter-Plaintiffs,
v.
GERARD WIENER, individually,
and as personal representative
of the estate of ROLAND WIENER,
Plaintiff/Counter-Defendant,
and
FEDERAL HOME LOAN
MORTGAGE CORPORATION,
a foreign corporation,
Defendant/Cross-Defendant.
_____________________________/

ORDER GRANTING PLAINTIFFS’ MOTION TO AMEND COMPLAINT (#21)
On June 22, 2010, plaintiffs filed a complaint in Oakland County Circuit Court
asserting various claims relating to the foreclosure of Roland Weiner’s property and
seeking to have the foreclosure sale set aside. On November 24, 2010, plaintiffs filed a
first amended complaint and Federal Home Loan Mortgage Corporation was added as a
defendant. On February 24, 2011, the case was removed to this court. On August 4,
2011, plaintiffs filed a motion seeking leave to file a second amended complaint. The
second amended complaint contains a new claim of slander of title. The deadline for
responding to the motion has passed and defendants did not file a response. The court
finds that oral argument is not necessary. See Local Rule 7.1(f). For the reasons set forth
in plaintiffs’ motion, the court GRANTS plaintiffs’ motion for leave to file a second amended
complaint. Plaintiffs shall file the second amended complaint by October 19, 2011.
SO ORDERED.
Dated: October 13, 2011
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
October 13, 2011, by electronic and/or ordinary mail.
s/Marcia Beauchemin
Deputy Clerk

2