Dobronski v. Rhodes et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MARK W. DOBRONSKI,
Plaintiff, 	Case No. 2:25-cv-12664
v. 	Honorable Susan K. DeClercq
United States District Judge
JEREMY LEE RHODES, et al.,
Defendants.
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ORDER DENYING WITHOUT PREJUDICE DEFENDANTS’ MOTIONS
TO DISMISS (ECF Nos. 11, 17); GRANTING PLAINTIFF’S MOTION TO
ACCEPT AMENDED COMPLAINT (ECF No. 20); DIRECTING
DEFENDANTS TO RESPOND TO AMENDED COMPLAINT; AND
DIRECTING ADDITION OF NEW DEFENDANT
Plaintiff Mark Dobronski is suing three defendants for alleged violations of
the Telephone Consumer Protection Act, 47 U.S.C. § 227, and two similar state
statutes. ECF No. 1. On September 25, 2025, Defendant Four Corners Real Estate
Services d/b/a Cornerstone Real Estate filed a motion to dismiss 	Plaintiff’s
complaint. ECF No. 11. On October 9, 2025, Defendant Gold Star Mortgage
Financial Group, Corporation d/b/a Gold Star Mortgage also filed a motion to
dismiss. ECF No. 17. Both motions argue, in part, that the complaint does not plead
sufficiently detailed or specific factual allegations and is, therefore, defective for
failing to articulate a plausible claim, as required by the Supreme Court’s decision
in Ashcroft v. Iqbal, 556 U.S. 662 (2009).
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On October 20, 2025, Plaintiff filed an amended complaint clarifying his
claims against the original defendants and adding a new defendant: David Onelio
Espaillat d/b/a REI REPLY. ECF No. 18. Three days later, Plaintiff filed a motion
asking this Court to accept his amended complaint. ECF No. 20.
Because Plaintiff’s amended complaint comports with Federal Rule 15, which
allows an “amendment as a matter of course… no later than … 21 days after service
of a responsive pleading,” this Court will accept Plaintiff’s Amended Complaint.
Furthermore, in light of Plaintiff’s amended complaint, and to promote judicial
economy and “the just, speedy, and inexpensive determination” of the action, FED.
R. CIV. P. 1, the Court will deny without prejudice the currently pending motions to
dismiss, ECF Nos. 11; 17, as moot. All Defendants shall respond to Plaintiff’s
Amended Complaint within 21 days of this Order.
Accordingly, it is ORDERED that Defendant Four Corners Real Estate
Services d/b/a Cornerstone Real Estate’s Motion to Dismiss, ECF No. 11, is
DENIED WITHOUT PREJUDICE.
Further, it is ORDERED that Defendant Gold Star Mortgage Financial
Group, Corporation d/b/a Gold Star Mortgage’s Motion to Dismiss, ECF No. 17, is
DENIED WITHOUT PREJUDICE.
Further, 	it 	is 	ORDERED 	that 	Plaintiff’s 	Motion 	to 	Accept 	Amended
Complaint, ECF No. 20, is GRANTED.
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Further, it is ORDERED that Defendants Four Corners Real Estate, Gold Star
Mortgage Financial Group, and Jeremy Lee Rhodes are DIRECTED to respond to
the amended complaint within 21 days of this Order.
IT IS FURTHER ORDERED that David Onelio Espaillat d/b/a REI REPLY
shall be added as a defendant, and a summons shall be ISSUED to allow Plaintiff to
serve Mr. Espaillat.
IT IS SO ORDERED.
/s/ Susan K. DeClercq
SUSAN K. DeCLERCQ
United States District Judge
Dated: October 31, 2025
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