Lizza et al v. Deutsche Bank National Trust Company et al

Plaintiff: Karl P. Lizza, Gary L. Dean and John J. Mauch
Defendant: Deutsche Bank National Trust Company and Doe Defendants 1-50
 
Case Number: 1:2013cv00190
Filed: April 22, 2013
 
Court: Hawaii District Court
Office: Hawaii Office
County: Honolulu
Presiding Judge: HELEN GILLMOR
Referring Judge: BARRY M. KURREN
 
Nature of Suit: Real Property: Other
Cause of Action: 28:1441 Petition for Removal- Fraud
Jury Demanded By: Plaintiff

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Date Filed#Document Text
September 24, 2013 59 Opinion or Order of the Court ORDER DENYING PLAINTIFFS' MOTION FOR AN ORDER OF REMAND(ECF No. 34 ). Signed by JUDGE HELEN GILLMOR on 9/24/2013. ~The Class Action Fairness Act, 28 U.S.C. § 1332(d), provides the Court with original jurisdiction over the action. Plaintif f's Motion for an Order of Remand (ECF No. 34) is DENIED. (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
February 27, 2014 73 Opinion or Order of the Court ORDER GRANTING MOTION BY DEFENDANT DEUTSCHE BANK NATIONAL TRUST COMPANY TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT (ECF NO. 62) WITH LEAVE TO AMEND re 62 - Signed by JUDGE HELEN GILLMOR on 2/27/2014. "Defendant's Motion to Dismiss Plaintiffs' First Amended Complaint (ECF No. 62) is GRANTED.1. Plaintiffs' WRONGFUL FORECLOSURE claims are DISMISSED WITH PREJUDICE. 2. Plaintiffs' HAWAII UNFAIR DECEPTIVE TRADE PRACTICES ACT claims are DISMISSED WI TH LEAVE TO AMEND. a. If Plaintiffs elect to include a UDAP claim in an amended complaint, Plaintiffs must comply with the heightened pleading requirement of Federal Rule of Civil Procedure 9(b) in alleging a violation of Haw. Rev. Stat. Ch. 480, s pecifying the time, place and content of the fraudulent representation. Plaintiffs must also allege how they were injured and proof of damages. b. Plaintiffs' UDAP claims cannot be based on any alleged failure by Defendant to refer to the sec uritization process in the recorded assignments or in filings related to the non-judicial foreclosures of Plaintiffs' Properties. Plaintiffs' UDAP claims also cannot be based on the allegation that the assignment was unauthorized by the L iquidation Trustee in the New Century bankruptcy proceedings. 3. Plaintiffs' INTENTIONAL INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE claims are DISMISSED WITH PREJUDICE. 4. Plaintiffs' UNCLEAN HANDS/TORTFEASOR CONDUCT AGAINST PUBLIC POLICY claims are DISMISSED WITH PREJUDICE. Plaintiffs may file a Proposed Amended Complaint, alleging a UDAP claim, against Deutsche Bank, in its trustee capacity, by March 31, 2014." (emt, )< FONT SIZE=1>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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Plaintiff: Karl P. Lizza
Represented By: Van-Alan H. Shima
Represented By: Stanley H Roehrig
Represented By: Raymond C. Cho
Represented By: James J. Bickerton
Represented By: Nadine Y. Ando
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Plaintiff: Gary L. Dean
Represented By: Van-Alan H. Shima
Represented By: Stanley H Roehrig
Represented By: Raymond C. Cho
Represented By: James J. Bickerton
Represented By: Nadine Y. Ando
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Plaintiff: John J. Mauch
Represented By: Nadine Y. Ando
Represented By: James J. Bickerton
Represented By: Raymond C. Cho
Represented By: Stanley H Roehrig
Represented By: Van-Alan H. Shima
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Defendant: Deutsche Bank National Trust Company
Represented By: Andrew V. Beaman
Represented By: Bernard J. Garbutt, III
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Defendant: Doe Defendants 1-50
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