Smith, III et al v. Bank of America et al

Filing 44

ORDER granting 40 Motion to Dismiss. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BENJAMIN L. SMITH, III and
EVA W. SMITH,
Plaintiffs,
Case No. 16-13834
v.
Hon. John Corbett O’Meara
BANK OF AMERICA, et al.,
Defendants.
____________________________/
ORDER GRANTING
DEFENDANTS’ MOTION TO DISMISS
Before the court is Defendants Federal National Mortgage Association and
Seterus Inc.’s renewed motion to dismiss pursuant to Federal Rule of Civil
Procedure 12(b)(6). The court denied Defendants’ initial motion to dismiss
without prejudice on September 28, 2017, to allow the parties to continue
settlement efforts. Apparently unsuccessful, Defendants renewed their motion to
dismiss on February 13, 2018. Plaintiffs have not filed a response. Accordingly,
the court considers their claims to be abandoned.
IT IS HEREBY ORDERED that Defendants’ February 13, 2018 motion to
dismiss is GRANTED and Plaintiff’s claims are DISMISSED.
s/John Corbett O’Meara
United States District Judge
Date: March 29, 2018

I hereby certify that a copy of the foregoing document was served upon
counsel of record on this date, March 29, 2018, using the ECF system.

s/William Barkholz
Case Manager