Linares et al v. U.S. Bank National Association, et al
MEMORANDUM AND ORDER granting 2 Motion to Dismiss subject to affording Plaintiffs leave to amend their Complaint, within thirty days of this order; adopting 14 Report and Recommendations; finding as moot 17 Motion for Extension of Time; finding as moot 19 Motion for Extension of Time to File Objection to 14 REPORT AND RECOMMENDATIONS. So Ordered by Chief Judge William E. Smith on 8/1/2017. (Jackson, Ryan)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
GONZALO LINARES and
C.A. No. 16-481 S
U.S. BANK NATIONAL ASSOCIATION,
MEMORANDUM AND ORDER
WILLIAM E. SMITH, Chief Judge.
Linares and Blanca Linares (“Plaintiffs”) brought suit against
their mortgage provider, owner, and servicer (“Defendants”). The
Contract), Count II (Violation of the Covenant of Good Faith and
Fair Dealing), Count III (Violation of the Truth in Lending
Practices Act). (See Amended Compl., ECF No. 1-2.) Defendants
moved to dismiss this case under Federal Rule of Civil Procedure
12(b)(6) for failure to state a claim upon which relief may be
referred to Magistrate Judge Lincoln D. Almond for report and
Amended Complaint in Pemental v. The Bank of New York Mellon, et
al., C.A. No. 16-483. (Report and Recommendation 2, ECF No. 14.)
attorneys. (Id.) Given that the issues presented in both cases
are “substantively identical,” Magistrate Judge Almond relied
primarily on the analysis of Magistrate Judge Sullivan in her
Report and Recommendation in Pemental.
In that case, Magistrate Judge Sullivan found that all four
claims failed under the Rule 12(b)(6) standard, but recommended
deficiencies in the Amended Complaint. (See C.A. No. 16-483,
Report and Recommendation, ECF No. 14.) Magistrate Judge Almond,
Recommendation in Pemental in the context of the pleadings and
arguments set forth in this case,” found “her reasoning to be
applicable in this case.” (Report and Recommendation 4, ECF No.
agrees with Magistrate Judge Almond’s recommendation. The Court
Recommendation in Pemental. Based on the facts alleged in the
Amended Complaint in this case, the Court finds that the same
deficiencies exist as were evident in Pemental. The Report and
Recommendation (ECF No. 14) is therefore ACCEPTED. Plaintiffs
are provided thirty days from the date of this Order to file an
amended complaint that corrects the deficiencies discussed in
Pemental and adopted in Magistrate Judge Almond’s Report and
Recommendation in this case.
IT IS SO ORDERED.
William E. Smith
Date: August 1, 2017
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