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Loveless v. Bank of America, N.A.

United States District Court, M.D. Pennsylvania

September 9, 2014

RUSSELL R. LOVELESS and MARY ELLEN HENNINGS, Plaintiffs,
v.
BANK OF AMERICA, N.A., et al., Defendants.

ORDER

A. RICHARD CAPUTO, District Judge.

NOW, this 9th of September, 2014, upon review of the Report and Recommendation of Magistrate Judge Schwab (Doc. 32) for plain error or manifest injustice, IT IS HEREBY ORDERED that:

(1) The Report and Recommendation (Doc. 32) is ADOPTED.

(2) Defendant's motion (Doc. 19) to dismiss Plaintiff's amended complaint (Doc. 15) is GRANTED in part and DENIED in part.

(3) Plaintiff's claims against defendants MERS Corp., MERS Inc., and Fannie Mae, and Plaintiff's breach of contract claim based on the assignment of the mortgage, FDCPA claim with respect to the Act 91/Act 6 notice and § 1692f(6)(A), FDCPA claim with respect to the August/October 2013 letter and § 1692e, and claims for intentional infliction of emotional distress, negligent infliction of emotional distress, and gross negligence are DISMISSED.

(4) Plaintiffs are granted twenty-one (21) days to file a second amended complaint. Should Plaintiffs fail to file an amended complaint within this time, the defendants and claims identified in (3) above will be dismissed with prejudice.

(5) Plaintiff Hennings is dismissed unless she signs the first amended complaint (Doc. 15) within twenty-one (21) days or she signs any second amended complaint.

(6) In all other respects, Defendant's Motion to Dismiss (Doc. 19) is DENIED.

(7) The matter is RECOMMITTED to Magistrate Judge Schwab for further proceedings.


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