Mitchell v. EMC Mortgage Corporation et al
James M Mitchell |
EMC Mortgage Corporation, Bank of America National Association, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC and 402 NOW LLC |
2:2009cv01362 |
June 25, 2009 |
US District Court for the District of Arizona |
Phoenix Division Office |
Maricopa |
Neil V Wake |
Plaintiff |
15 U.S.C. ยง 1601 Truth in Lending |
Plaintiff |
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Filing 58 ORDER granting in part 20 Motion to Dismiss. Counts Four, Five, Six, and Seven of Plaintiff James M. Mitchell's Original Complaint are dismissed with prejudice pursuant to Fed.R.Civ.P. 12(b)(6). The remainder of the Motion to Dismiss is denied as moot in light of the dismissal of the remaining state law claims. ORDER that the remainder of Plaintiff's Complaint 1 is dismissed as to all Defendants without prejudice pursuant to 28:1367(c)(3). ORDER that the Clerk enter judgment in fav or of Defendants EMC Mortgage Corporation, Mortgage Electronic Registration Systems, Inc., and Bank of America, N.A., dismissing Counts Four, Five, Six, and Seven of Plaintiff's Complaint 1 with prejudice, and dismissing all other claims as to all Defendants without prejudice. Signed by Judge Neil V Wake on 10/13/09.(TLJ) |
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