Roundy et al v. Wells Fargo Bank

Filing 27

ORDER ADOPTING 26 REPORT AND RECOMMENDATIONS; finding as moot 7 Motion to Dismiss; granting 11 Motion to Amend/Correct Complaint. Plaintiffs must file their first amended complaint no later than 10 days from the date of this order. Plaintiffs may then either (1) file a substantive response to the motion to dismiss the first amended complaint, or (2) file a motion for leave to file a second amended complaint. Signed by Judge David Nuffer on 8/9/13 (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
TIFFANY FARLEY ROUNDY and BRADY
BURKE ROUNDY,
Plaintiffs,

Case No. 2:12 cv-1032-DN-DBP

v.

ORDER ADOPTING REPORT &
RECOMMENDATION

WELLS FARGO BANK,

District Judge David Nuffer
Magistrate Judge Dustin B. Pead

Defendant.
Before the court is Magistrate Judge Pead’s Report and Recommendation 1 under 28
U.S.C. § 636(b)(1)(B). No objections were filed. The court has reviewed all relevant materials
de novo and adopts the Report and Recommendation in its entirety.
ORDER
Defendant’s motion to dismiss the original complaint is deemed MOOT. 2
The court GRANTS Plaintiffs’ unopposed motion for leave to file a first amended
complaint. 3 Plaintiffs must file their first amended complaint no later than ten days from the
date of this order.
Once Plaintiffs have filed their first amended complaint, they may either (1) file a
substantive response to Defendant’s motion to dismiss the first amended complaint, 4 or (2) file a
motion for leave to file a second amended complaint. Plaintiffs must do this no later than ten
days after they file their first amended complaint.
1

Docket no. 26, filed June 27, 2013.

2

Docket no. 7, filed November 26, 2012.

3

Docket no. 11, filed December 19, 2012.

4

Docket no. 17, filed January 22, 2013.

Signed August 9, 2013.
BY THE COURT

________________________________________
District Judge David Nuffer

2