Campollo et al v. Bank of America et al
Juralda Campollo and Ferdinand Campollo |
Countrywide Bank, FSB, Mortgage Electronic Registration Systems, DOES 1-100 and Bank of America |
1:2011cv00052 |
January 21, 2011 |
US District Court for the District of Hawaii |
Hawaii Office |
Hawaii |
BARRY M. KURREN |
SUSAN OKI MOLLWAY |
Truth in Lending |
15 U.S.C. ยง 1601 |
Plaintiff |
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Filing 19 ORDER GRANTING DEFENDANTS BANK OF AMERICA, N.A. AND MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.'S MOTION TO DISMISS, AND GRANTING IN PART AND DENYING IN PART DEFENDANT COUNTRYWIDE BANK, FSB'S MOTION TO DISMISS 15 - Signed by CHIEF JUDG E SUSAN OKI MOLLWAY on 6/16/11. ("The court GRANTS Countrywide's motion to dismiss as to all Counts except the rescission claim in Count IV. With respect to all Defendants, the Campollos are granted leave to amend Counts VII, VIII, IX, X, and XI. The Campollos may also bring a separate claim for fraud. The Campollos are further granted leave to amend Count XII as to MERS. Counts I, II, III, V, and VI are DISMISSED without leave to amend. The TILA damage claim in Count IV is also dismissed without leave to amend as to all Defendants, and the TILA rescission claim in Count IV against Bank of America and MERS is dismissed without leave to amend. Any Amended Complaint must be filed not later than 14 days after the d ate this order is filed. ") (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Juralda and Ferdinand Campollo served by first class mail at the addresses of record on June 16, 2011. |
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