Chanthavong et al v. John Doe Corporation

Filing 27

ORDER adopting 24 Report and Recommendations; denying 20 Motion to Dismiss. So Ordered by Judge William E. Smith on 5/4/12. (Jackson, Ryan)

UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND
___________________________________
)
)
)
)
)
v.
)
)
JOHN DOE CORPORATION
)
d/b/a AMERICAN HOME MORTGAGE
)
SERVICING, INC.,
)
Defendant.
)
___________________________________)
PHONE CHANTHAVONG and
SAMMY CHANTHAVONG,
Plaintiffs,

C.A. No. 10-211 S

ORDER
WILLIAM E. SMITH, United States District Judge.
Magistrate

David

(R&R)

Recommendation

Judge

on

L.

March

Martin
28,

filed

Report

and

(ECF

2011

a

No.

24),

recommending that the Court deny Defendant’s Motion to Dismiss
(ECF No. 20).

The R&R further recommends that the Court order

that Plaintiffs be precluded from claiming damages attributable
to

the

denial

of

their

application

for

a

mortgage

refinance

which caused them to have to pay mortgage payments at an “unduly
high

rate”

and

that

Plaintiffs’

attorney

be

required

to

pay

Defendant’s attorney’s fees attributable to the preparation of
Defendant’s Motion to Compel Responses to Request for Production
of

Documents

and

Interrogatories

(ECF

No.

19),

Defendant’s

Motion to Dismiss (ECF No. 20), the Memorandum of Law in Support
of American Home Mortgage Servicing, Inc.’s Motion to Dismiss

(ECF No. 21), the Supplemental Memorandum of Law in Support of
American Home Mortgage Servicing, Inc.’s Motion to Dismiss (ECF
No. 23), and attendance at the December 6 and 16, 2011 hearings
(collectively, the “pertinent filings and hearings”).

Having

heard no objections, and having carefully reviewed the filings
and the

R&R,

the

Court

ACCEPTS

the

Report

&

Recommendation,

DENIES Defendant’s Motion to Dismiss, and hereby ORDERS that
Plaintiffs are precluded from claiming damages attributable to
the denial of their application for a mortgage refinance and
that

Plaintiffs’

attorney

is

required

attorney’s fees, as outlined above.

to

pay

Defendant’s

Moreover, the Court directs

Defendant’s attorneys to file an affidavit delineating the fees
and expenses related to the pertinent filings and hearings.

IT IS SO ORDERED.

/s/ William E. Smith
William E. Smith
United States District Judge
Date: May 4, 2012

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