Cannon et al v. U.S. Bank, N.A.; et al.
| Samuel Cannon, Geraldine Cannon, Clarence Mier and Carmelita Mier |
| U.S. Bank, N.A., Lending Tree, Aurora Loan Services, LLC, Mortgage Electronic Registration Systems and DOES 1-100 |
| 1:2011cv00079 |
| February 1, 2011 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| HELEN GILLMOR |
| BARRY M. KURREN |
| Truth in Lending |
| 15 U.S.C. ยง 1601 |
| Plaintiff |
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Filing
34
ORDER GRANTING DEFENDANTS AURORA LOAN SERVICES LLC, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., and U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LEHMAN XS TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-15N'S MOTION FOR SUMMARY JUDGM ENT, OR IN THE ALTERNATIVE, MOTION TO DISMISS COMPLAINT WITH LEAVE TO AMEND 23 . Signed by JUDGE HELEN GILLMOR on 5/24/2011.~... is GRANTED with leave to amend in part, as follows: (1) Counts I, II, III, IV, V, VI, VII, VIII, X, XI, and XII fail to state claims for which relief can be granted and, therefore, are DISMISSED WITH PREJUDICE. (2) Count IX fails to state claims for which relief can be granted. As plead, Count IX fails to allege sufficientplausible facts t hat would give rise to a cause of action and are DISMISSED WITHOUT PREJUDICE. (3) Plaintiffs have until June 27, 2011 to file an Amended Complaint against Defendants Aurora, MERS, and U.S. Bank consistent with this Order as to Count IX only. (4) Failure to file an Amended Complaint consistent with this Order by June 27, 2011 will result in dismissal of the entire matter. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive el ectronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on 5/25/2011 Modified on 5/24/2011 (ecs, ).
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Filing
32
ORDER GRANTING DEFENDANT HOME LOAN CENTER, INC. D/B/A LENDING TREE LOANS' MOTION TO DISMISS THE COMPLAINT FILED ON FEBRUARY 1, 2011 12 WITH LEAVE TO AMEND. Signed by JUDGE HELEN GILLMOR on 4/29/2011. ~ Defendant Lending Tree 9;s DEFENDANT HOME LOAN CENTER, INC. dba Lending Tree LOANS' MOTION TO DISMISS THE COMPLAINT FILED ON FEBRUARY 1, 2011 (Doc. 12) is GRANTED with leave to amend in part, as follows: (1) Counts I, II, III, IV, V, VI, VIII, X, and XI fail to state claims for which relief can be granted and, therefore, are DISMISSED WITH PREJUDICE. (2) Counts VII and IX fail to state claims for which relief can be granted. As plead, Counts VII and IX fail to alleged sufficient plausible facts that would give ri se to a cause of action and are DISMISSED WITHOUT PREJUDICE. (3) Plaintiffs have until May 30, 2011 to file an Amended Complaint consistent with this Order as to Counts VII and IX only. Failure to file an Amended Complaint consistent with this Or der by May 30, 2011 will result in dismissal of the entire matter. (ecs, )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). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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