Summary
dismissing Chapter 93A claim as time-barred where plaintiff noticed cracks in the basement floor of the house he had purchased outside the limitations period, but only later complained and sued when the cracks became bigger
Summary of this case from Pagliaroni v. Mastic Home Exteriors, Inc.Opinion
CIVIL ACTION NO. 12-12186-PBS
06-17-2013
CHARLENE OLIVER, Plaintiff, v. BANK OF AMERICA, N.A., Defendant.
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).