Peyton v. WMC Mortgage Corporation

Full title: RICHARD PEYTON, Plaintiff v. WMC MORTGAGE CORPORATION, DEUTSCHE BANK…

Court: United States District Court, D. Rhode Island

Date published: Jan 9, 2009

C.A. No. 07-148ML (D.R.I. Jan. 9, 2009)

Opinion

C.A. No. 07-148ML.

January 9, 2009

MEMORANDUM AND ORDER

MARY LISI, District Judge

This matter is before the Court on the objection filed by Richard Peyton ("Peyton"), the Plaintiff, to a Report and Recommendation issued by Magistrate Judge Almond on November 19, 2008. Peyton shares the same attorney as Joseph C. Melfi ("Melfi"), the plaintiff in Melfi v. WMC Mortgage Corp., C.A. No. 08-024ML. Both cases involve the legal sufficiency of a Notice of Right to Cancel under the Truth In Lending Act ("TILA"). Peyton, through his attorney, has advised the Court that the legal issues posed by the two cases are identical.

Magistrate Judge Almond recommends that the Defendant's Motion to Dismiss be granted and that Peyton's Second Amended Complaint be dismissed in its entirety. This Court has reviewed the Report and Recommendation and the Plaintiffs Memorandum in Support of his Objection. Finding no merit in Peyton's contentions, this Court adopts the Report and Recommendation. The Defendant's Motion to Dismiss is GRANTED and Peyton's Second Amended Complaint is DISMISSED, for the same reasons stated inMelfi.

SO ORDERED.