Yanakeff v. Chase Bank, N.A. et al

Filing 17

ORDER Granting Leave to Amend Complaint re 11 Response to Motion. Signed by District Judge Gerald E. Rosen. (JOwe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
LAURA A. YANAKEFF,
Plaintiff,

No. 2:12-cv-13221
Hon. Gerald E. Rosen

vs.
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS and
FREEDOM MORTGAGE
CORPORATION,
Defendants.
___________________________________/

ORDER
GRANTING PLAINTIFF LEAVE TO AMEND COMPLAINT
I. INTRODUCTION
This mortgage foreclosure action was filed by Plaintiff Laura A. Yanakeff in
Macomb County Circuit Court on July 2, 2012. Plaintiff requests that this Court (i)
declare her the holder in fee simple of the property in question, (ii) extinguish any
interest in the property held by Defendants, and (iii) return the property to her and
fine Defendants double the property’s value for defending a fraudulent foreclosure.
Defendants have moved to dismiss Plaintiff’s Complaint under Fed. R. Civ. P.
12(b)(6).
As part of her response to Defendants’ motion to dismiss, Plaintiff requested
leave to amend her Complaint.

Defendants’ opposed Plaintiff’s request in their

reply, arguing that Plaintiff was required to file her amended Complaint within 21

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days of their motion to dismiss if she wished to amend without leave of the Court.
On October 8, 2012, Plaintiff retained Lawrence Radden as her attorney in this
matter.
Fed. R. Civ. P. 15(a)(2) provides that “[t]he court should freely give leave [to
amend] when justice so requires.” Moreover, this Court has “a responsibility to
construe pro se complaints liberally and to allow ample opportunity for amending
the complaint when it appears that the pro se litigant would be able to state a
meritorious claim.” McCallum v. Gilless, 38 F. App'x 213, 216 (6th Cir.2002). In
light of (i) the confused nature of Plaintiff’s Complaint and response brief, and (ii)
the fact that Plaintiff has retained the assistance of counsel, this Court finds that
the interests of justice require that Plaintiff’s request for leave to file an amended
Complaint be GRANTED.
Plaintiff’s amended Complaint must be filed no later than Monday, March
18, 2013 at 5 p.m.
IT IS SO ORDERED.
Dated: March 7, 2013
s/Gerald E. Rosen
GERALD E. ROSEN
CHIEF JUDGE, U.S. DISTRICT COURT
I hereby certify that a copy of the foregoing document was mailed to the
attorneys of record on this date, Thursday, March 7, 2013, by electronic and/or
ordinary mail.
s/Julie Owens
Case Manager, [phone]

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