United Wholesale Mortgage, LLC v. America's Moneyline, Inc.
Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNITED WHOLESALE MORTGAGE, LLC, Case No. 22-10228 Plaintiff, Honorable Laurie J. Michelson
v.
AMERICA’S MONEYLINE, INC.,
Defendant.
ORDER DENYING AMERICA’S MONEYLINE, INC.’S MOTION TO DISMISS [65] On March 7, 2025, United Wholesale Mortgage, LLC, filed an amended complaint (ECF No. 60), following this Court’s order granting it leave to amend (ECF No. 56). Over a month later, America’s Moneyline, Inc., filed a motion to dismiss UWM’s amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) (ECF No. 65). That motion is untimely. See Fed. R. Civ. P. 15(a)(3) (“Unless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later.”); see also Thomas v. Noder-Love, 621 F. App’x 825, 829 (6th Cir. 2015) (citing Fed. R. Civ. P. 15(a)(3)). Further, AML’s motion to dismiss raises identical issues as addressed in this Court’s recent opinions in United Wholesale Mortgage, LLC v. Madison Atrena LLC d/b/a District Lending, No. 23-13176, 2025 WL 968897 (E.D. Mich. Mar. 31, 2025), and United Wholesale Mortgage, LLC v. Kevron Investments, Inc., No. 22-10395, 2025 WL 968895 (E.D. Mich. Mar. 31, 2025), which are hereby incorporated and adopted in full. See generally District Lending, 2025 WL 968897 (rejecting broker’s same challenges to UWM’s amendment of Wholesale Broker Agreement under Sections 7.01 and 7.08 and
identical lack of consideration argument); Kevron Invs., 2025 WL 968895 (rejecting broker’s same arguments that liquidated damages provision is unenforceable because UWM failed to show actual damages). See also United Wholesale Mortg., LLC v. Atl. Tr. Mortg. Corp., No. 24-10216, 2025 WL 907883 (E.D. Mich. Mar. 25, 2025). Accordingly, the Court DENIES America’s Moneyline, Inc.’s motion to dismiss (ECF No. 65). SO ORDERED.
Dated: April 10, 2025
s/Laurie J. Michelson LAURIE J. MICHELSON UNITED STATES DISTRICT JUDGE
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