Opinion
Civil Action 23-04304 (GC) (JBD)
05-31-2024
THAIS L. BROUILLETTE, Plaintiff, v. CITIMORTGAGE, INC., CENLAR, and POWERS KIRN, LLC, Defendants.
ORDER
CASTNER, DISTRICT JUDGE
THIS MATTER comes before the Court upon the Motions to Dismiss (ECF Nos. 13 & 14) Plaintiff Thais L. Brouillette's Complaint (ECF No. 1-3) filed by Defendants CitiMortgage, Inc. (CitiMortgage), Cenlar-, FSB (Cenlar), and Powers Kim, LLC, pursuant to Federal Rule of Civil Procedure (Rule) 12(h)(6). Plaintiff opposed, and Defendants replied. (ECF Nos. 15-18.) The Court carefully considered the par-ties' submissions and decided the Motions without oral argument pursuant to Rule 78(b) and Local Civil Rule 78.1(b). For the reasons set forth in the Court's accompanying Opinion, and other good cause shown, IT IS on this 31st day of May 2024, ORDERED as follows:
1. Defendants' Motions to Dismiss (ECF Nos. 13 & 14) are GRANTED in part and DENIED in part. Counts Three, Five, and Six of Plaintiffs Complaint (ECF No. 1 -3) are DISMISSED without prejudice. The Motions are denied in all other respects, and the remaining counts of the Complaint shall proceed.
2. To the extent that Plaintiff can cure the deficiencies identified in the Court's Opinion, Plaintiff may move for leave to amend her complaint.
3. The Clerk's Office is directed to TERMINATE Defendants' Motions (ECF Nos. 13 & 14).