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Oliver v. Bank of Am., N.A.

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

Jun 17, 2013

Judgment

CaseIQ

BOWLER

REPORT AND RECOMMENDATION RE: DEFENDANT'S MOTION TO DISMSS FOR FAILURE TO STATE A CLAIM (DOCKET ENTRY # 8)
MEMORANDUM AND ORDER RE:
PLAINTIFF'S MOTION TO AMEND THE COMPLAINT (DOCKET ENTRY # 11)

BOWLER , U. S. M J.

Pending before this court is a motion to dismiss for failure to state a claim (Docket Entry # 8) filed by defendant Bank of America, N.A. ("defendant") under Rule 12(b)(6), Fed. R. Civ. P. ("Rule 12(b)(6)"). Also pending before this court is a motion for leave to amend the complaint (Docket Entry # 11) filed by plaintiff Charlene Oliver ("plaintiff") under Rule 15(a)(2), Fed. R. Civ. P. ("Rule 15(a)(2)").

A magistrate judge has "the authority to decide the motion to amend outright" under 28 U.S.C. § 636(b)(1)(A). Maurice v. State Farm Mutual Automobile Insurance Co., 235 F.3d 7, 9 n.2 (1st Cir. 2000) (referring to motion for leave to file amended complaint to add new count).

PROCEDURAL BACKGROUND

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