Brown v. HSBC BANK USA, NA

Filing 27

ORDER Adopting 26 Report and Recommendation for Granting in Part and Denying in Part 9 Motion filed by HSBC BANK USA, NA, and Granting 21 Motion for Leave to File filed by Roderick Brown [E-Filer]. Signed by District Judge Sean F. Cox. (JMcC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

Roderick Brown,
Plaintiff,
v.

Case No. 17-10163

HSBC Bank USA, NA,

Sean F. Cox
United States District Court Judge

Defendant.
______________________________/
ORDER ADOPTING
7/12/17 REPORT AND RECOMMENDATION
Acting pro se, Plaintiff commenced this action on January 18, 2017.
Thereafter, this Court referred two motions filed in the action to Magistrate Judge Mona
Majzoub.
On July 12, 2017, Magistrate Judge Majzoub issued a Report and Recommendation
(“R&R”) wherein she recommends as follows:
For the above-stated reasons, it is recommended that Plaintiff’s Motion to
Amend (docket no. 21) be GRANTED. If the Court accepts this recommendation,
Plaintiff should be ordered to file his Proposed Amended Complaint at docket no.
21-9 (with any applicable exhibits) as a separate docket entry within seven days
of the Court’s decision, and should be ordered to serve the new defendants
(Specialized Loan Servicing LLC, Computershare USA, and JPMorgan Chase
Bank, NA) within 90 days of the Court’s decision, pursuant to Federal Rule of
Civil Procedure 4(m).
It is further recommended that Defendant HSBC’s Motion to Dismiss
(docket no. 9) be GRANTED IN PART and DENIED IN PART. Specifically,
to the extent Defendant HSBC seeks dismissal of all claims against it, the Motion
should be granted. To the extent Defendant HSBC seeks dismissal of the matter in
its entirety, the Motion should be denied, as the undersigned recommends that
Plaintiff be permitted to proceed against Specialized Loan Servicing LLC,
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Computershare USA, and JPMorgan Chase Bank, NA on Counts 2 and 5 of his
proposed amended complaint.
(Docket Entry No. 26 at Pg ID 1214).
The time for filing objections to the R&R has expired and the docket reflects that no
objections have been filed. The Court hereby ADOPTS the July 12, 2017 R&R.
Plaintiff’s Motion to Amend (Docket Entry No. 21) is GRANTED to the extent that the
Court ORDERS:
1)

Plaintiff to file his proposed Amended Complaint at Docket No. 21-9 (with any
applicable exhibits) as a separate docket entry no later than August 11, 2017; and

2)

Plaintiff shall serve the new Defendants (Specialized Loan Servicing LLC,
Computershare USA, and JPMorgan Chase Bank, NA) within 90 days of this
order, pursuant to Fed. R. Civ. P. 4(m).

IT IS FURTHER ORDERED that Defendant HSBC’s Motion to Dismiss (Docket
Entry No. 9) is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED
to the extent that the Court DISMISSES all claims asserted in this action against Defendant
HSBC. The motion is DENIED in all other respects.
IT IS SO ORDERED.
s/Sean F. Cox
Sean F. Cox
United States District Judge
Dated: August 2, 2017
I hereby certify that a copy of the foregoing document was served upon counsel of record on
August 2, 2017, by electronic and/or ordinary mail.
s/Jennifer McCoy
Case Manager

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