Filed: Jun. 12, 2012
Latest Update: Jun. 12, 2012
Summary: ORDER ACCEPTING FINDINGS, CONCLUSIONS, & RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE BARBARA M. G. LYNN, District Judge. The Court has under consideration the Findings, Conclusions, & Recommendation of the United States Magistrate Judge on Defendant JPMorgan Chase Bank, N.A.'s Motion to Dismiss Plaintiff's Complaint or Alternatively Motion for More Definite Statement, filed November 15, 2011 (doc. 6.) and Defendant Brice, Vander Linden & Wernick, P.C.'s Motion to Dismiss, filed F
Summary: ORDER ACCEPTING FINDINGS, CONCLUSIONS, & RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE BARBARA M. G. LYNN, District Judge. The Court has under consideration the Findings, Conclusions, & Recommendation of the United States Magistrate Judge on Defendant JPMorgan Chase Bank, N.A.'s Motion to Dismiss Plaintiff's Complaint or Alternatively Motion for More Definite Statement, filed November 15, 2011 (doc. 6.) and Defendant Brice, Vander Linden & Wernick, P.C.'s Motion to Dismiss, filed Fe..
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ORDER ACCEPTING FINDINGS, CONCLUSIONS, & RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
BARBARA M. G. LYNN, District Judge.
The Court has under consideration the Findings, Conclusions, & Recommendation of the United States Magistrate Judge on Defendant JPMorgan Chase Bank, N.A.'s Motion to Dismiss Plaintiff's Complaint or Alternatively Motion for More Definite Statement, filed November 15, 2011 (doc. 6.) and Defendant Brice, Vander Linden & Wernick, P.C.'s Motion to Dismiss, filed February 17, 2012 (doc. 11). No objections were filed. The District Court reviewed the proposed Findings, Conclusions, & Recommendation for plain error. Finding none, the Court accepts the Findings, Conclusions, & Recommendation of the United States Magistrate Judge.
Accordingly, defendant Brice, Vander Linden & Wernick, P.C. is sua sponte DISMISSED as an improperly joined defendant, and its motion to dismiss is DENIED as moot. Defendant JPMorgan Chase Bank, N.A.'s motion to dismiss is GRANTED, and Plaintiff's fraud and breach of contract claims against it are DISMISSED with prejudice. Its alternative motion for a more definite statement is DENIED as moot.
