Lee v. Wells Fargo Home Mortgage

Full title: TRACEY LEE, Plaintiff, v. WELLS FARGO HOME MORTGAGE., Defendants

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Jan 20, 2011

Case No. 10-CV-14545 (E.D. Mich. Jan. 20, 2011)

Opinion

Case No. 10-CV-14545.

January 20, 2011

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS [#2]

GEORGE STEEH, District Judge

The court having heard argument this date on defendant's motion to dismiss finds the complaint filed by plaintiff to be deficient for the reasons stated on the record, accordingly,

Defendant's motion to dismiss is GRANTED IN PART and DENIED IN PART as follows:

Any claim relating to the assignment of the mortgage to defendant as argued by plaintiff would be futile for the reasons stated on the record by the court and partial dismissal is therefore granted on this putative claim.

Plaintiff shall file an amended complaint within fourteen (14) days from the date of this order stating the two claims discussed at the hearing on this matter.

The parties shall be permitted discovery commencing as of the entry of this order. After a period of sixty (60) days, defendant may renew its motion to dismiss and/or for summary judgment on plaintiff's amended complaint by filing a supplemental pleading.

SO ORDERED.

Dated: January 20, 2011