Plaintiff Given Final Opportunity to Amend TCPA Complaint vs. LoanDepot

U.S. District Judge Aileen Cannon for Southern Florida in Fort Pierce signed an omnibus order Tuesday (docket 2:22-cv-14425) granting defendant loanDepot’s Feb. 24 motion to dismiss plaintiff Zachary Sawicki’s Telephone Consumer Protection Act complaint but with leave to replead. Her order gave Sawicki “one final opportunity” to amend his complaint by May 24. His final amended complaint “must clearly and specifically set forth the legal and factual basis supporting each of the claims asserted, including the class action allegations and the statutory and/or regulatory basis underlying each claim, mindful of the arguments and authorities presented” in loanDepot’s motion to dismiss, said the order. Nothing in her order “should be construed as a disposition of the merits” of loanDepot’s arguments in its motion to dismiss, with “such resolution to be reserved” for any future motion to dismiss after Sawicki’s “final opportunity to replead,” it said.