Hawes v. Bank of America N.A. et al

Filing 35

OPINION and ORDER Signed by District Judge Gerald E. Rosen. (JOwe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BARBARA A. HAWES,
Plaintiff,
No. 2:13-cv-10063
Hon. Gerald E. Rosen

vs.
BANK OF AMERICA, N.A., et al.,
Defendants.
___________________________________/
OPINION AND ORDER

On August 12, 2013, this Court entered an Opinion and Order concluding
that Plaintiff’s Amended Complaint failed to allege sufficient facts to create a
cause of action under 15 U.S.C. § 1682s-2(b).

However, because Plaintiff

proffered additional evidence procured through discovery responses that could
potentially cure Plaintiff’s defective pleading, this Court ordered that “Plaintiff has
thirty (30) days to submit its Second Amended Complaint in accordance with [the
August 12, 2013] Opinion and Order. Failure to do so may result in dismissal with
prejudice.” (Aug. 12, 2013 Opinion and Order, Dkt. # 34, at 11). This deadline
has now come and gone without Plaintiff having submitted a Second Amended
Complaint. Accordingly, this Court now dismisses Plaintiff’s Amended Complaint
with prejudice.

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For all of the foregoing reasons,
IT IS HEREBY ORDERED that Plaintiff’s Amended Complaint is
dismissed, with prejudice.
IT IS SO ORDERED.

Dated: October 2, 2013

s/Gerald E. Rosen
GERALD E. ROSEN
CHIEF, U.S. DISTRICT COURT

I hereby certify that a copy of the foregoing document was mailed to the attorneys
of record on this date, October 2, 2013, by electronic and/or ordinary mail.
s/Julie Owens
Case Manager, 313-234-5135

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