Grubbs et al v. Sheakley et al
Filing 75
REPORT AND RECOMMENDATION that plaintiff's 54 MOTION for leave to file their first amended complaint be Granted in part and Denied in part as follows: 1. the motion to amend should be Denied as to Count XII, plaintiffs' aiding and abetti ng claim against First Financial Bank; 2. plaintiffs concede that they fail to state a claim for unjust enrichment against defendant U.S. Bank; thus the motion to amend should be Denied as to Count XX of the proposed amended complaint; 3. the motion to amend should be Granted as to the remaining counts. It is further RECOMMENDED that defendants' respective MOTIONS to dismiss 17 21 25 26 35 58 be Denied as moot. Objections to R&R due by 2/3/2014. Signed by Magistrate Judge Karen L. Litkovitz on 1/17/2014. (art)
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