Pemental v Nationstar Mortgage LLC et al
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
C.A. No. 16-483 S
THE BANK OF NEW YORK MELLON,
MEMORANDUM AND ORDER
WILLIAM E. SMITH, Chief Judge.
In the aftermath of a foreclosure proceeding Christopher
provider, owner, and servicer (“Defendants”). The allegations in
the Amended Complaint include: Count I (Breach of Contract),
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
12(b)(6) for failure to state a claim upon which relief may be
referred to Magistrate Judge Patricia A. Sullivan for report and
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
Sullivan also recommended that Plaintiff be provided thirty days
After an independent review of this matter, the Court agrees
with Magistrate Judge Sullivan’s analysis and recommendation.
ACCEPTED. Plaintiff is provided thirty days from the date of
IT IS SO ORDERED.
William E. Smith
Date: August 1, 2017
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