Wright et al v. Select Portfolio Servicing, Inc. et al
| Charles E. Wright and Diane R. Wright |
| Select Portfolio Servicing, Inc., The Bank of New York Mellon, JP Morgan Chase Bank, N.A. and Mortgage Electronic Registrations Systems, Inc. (MERS) |
| 8:2014cv02298 |
| September 15, 2014 |
| US District Court for the Middle District of Florida |
| Tampa Office |
| Hillsborough |
| Thomas G. Wilson |
| James S. Moody |
| Consumer Credit |
| 15 U.S.C. ยง 1692 |
| Plaintiff |
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| Document Text |
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Filing
39
ORDER: Defendants' Motion to Dismiss Amended Complaint (Dkt. 31) is granted in part and denied in part for the reasons stated herein. The following Counts of the Amended Complaint are dismissed with prejudice: Counts I, II, III, IV, V, XI, an d XII. The following Counts of the Amended Complaint are dismissed without prejudice: Counts IX and X. Plaintiffs may file an amended complaint within fourteen (14) days of this Order solely to allege additional facts in support of these claims. P laintiffs should be mindful of the Court's discussion of these claims and should file an amended complaint only if Plaintiffs can allege sufficient facts in support of these claims. Counts VI, VII, and VIII are not dismissed. If Plaintiffs fai l to file an amended complaint within the deadline stated herein, the Court will terminate BONY and MERS as parties and this case will proceed under Counts VI, VII, and VIII against SPS. If Plaintiffs fail to file an amended complaint within the deadline stated herein, SPS shall file its answer to Counts VI, VII, and VIII within twenty-one (21) days of this Order. Signed by Judge James S. Moody, Jr on 2/2/2015. (LN)
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