Pemental v Nationstar Mortgage LLC et al
Filing
24
MEMORANDUM AND ORDER granting 2 Motion to Dismiss for Failure to State a Claim provided that Plaintiff Christopher Pemental first be afforded thirty days from the date of this order to amend his Complaint; adopting 14 Report and Recommendations; finding as moot 21 Motion for Extension of Time to Object 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
___________________________________
)
CHRISTOPHER PEMENTAL,
)
)
Plaintiff,
)
)
v.
)
C.A. No. 16-483 S
)
THE BANK OF NEW YORK MELLON,
)
et al.,
)
)
Defendants.
)
___________________________________)
MEMORANDUM AND ORDER
WILLIAM E. SMITH, Chief Judge.
In the aftermath of a foreclosure proceeding Christopher
Pemental
(“Plaintiff”)
brought
suit
against
his
mortgage
provider, owner, and servicer (“Defendants”). The allegations in
the Amended Complaint include: Count I (Breach of Contract),
Count
II
(Violation
of
the
Covenant
of
Good
Faith
and
Fair
Dealing), Count III (Violation of the Truth in Lending Act), and
Count IV (Violation of the Fair Debt Collection Practices Act).
(See Amended Compl., ECF No. 1-2.) Defendants moved to dismiss
the
Amended
Complaint
under
Federal
Rule
of
Civil
Procedure
12(b)(6) for failure to state a claim upon which relief may be
granted.
(See
Mot.
to
Dismiss,
ECF
No.
2.)
That
matter
was
referred to Magistrate Judge Patricia A. Sullivan for report and
recommendation.
1
After a thorough review of the claims and facts alleged in
the Amended Complaint, Magistrate Judge Sullivan found that all
four claims failed under the Rule 12(b)(6) standard. (See Report
and
Recommendation,
ECF
No.
14.)
However,
Magistrate
Judge
Sullivan also recommended that Plaintiff be provided thirty days
to
correct
the
deficiencies
in
the
Amended
Complaint.
(Id.)
After an independent review of this matter, the Court agrees
with Magistrate Judge Sullivan’s analysis and recommendation.
The
Report
and
Recommendation
(ECF
No.
14)
is
therefore
ACCEPTED. Plaintiff is provided thirty days from the date of
this
Order
deficiencies
to
file
noted
in
an
amended
Magistrate
Recommendation.
IT IS SO ORDERED.
William E. Smith
Chief Judge
Date: August 1, 2017
2
complaint
Judge
that
corrects
Sullivan’s
Report
the
and
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