Gould v. Citi Mortgage, Inc. et al
| Charles Gould |
| First Rate Financial, Inc., Mortgage Electronic Registration Systems, Inc., PennyMacLoan Services, LLC, Closers Finalis, Inc. and Citi Mortgage, Inc. |
| 0:2011cv01982 |
| July 20, 2011 |
| US District Court for the District of Minnesota |
| DMN Office |
| Hennepin |
| Donovan W. Frank |
| Janie S. Mayeron |
| Truth in Lending |
| 15 U.S.C. ยง 1640 |
| None |
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Filing
49
MEMORANDUM OPINION AND ORDER. 1. Magistrate Judge Janie S. Mayeron's December 29, 2011 Report and Recommendation (Doc. No. 45 ) is ADOPTED in its entirety. 2. Plaintiff's Motion to Amend the Pleadings (Doc. No. 18 ) is GRANTED IN PART and DENIED IN PART as follows: a. Plaintiff's Motion for Leave to Amend as to the following Counts in the Proposed Amended Complaint against Defendants First Rate Financial, Inc. and Closers Finalis, Inc. is GRANTED: as to Counts One, Two, Three, F our, Five (as to First Rate), Six, Seven (as to First Rate), Eight, Nine, Eleven, Twelve (as to First Rate), Fourteen (as to First Rate), Fifteen, Sixteen, Seventeen, Eighteen, Nineteen, Twenty-One, and Twenty-Two. b. Plaintiffs Motion for Leave to Amend as it relates to withdrawing his Violation of the Truth in Lending Act and Real Estate Settlement Procedures Act, Unfair Businesses Practice, and Predatory Lending claims (Counts Four, Five, Eight, and Ten) as set forth in the original Complain t as to all Defendants is GRANTED. c. Plaintiff's Motion for Leave to Amend as it relates to the proposed remaining amended claims against Defendants Citi Mortgage, MERS, and PennyMac is DENIED. 3. The Motion to Dismiss brought by Defendants MER S and PennyMac (Doc. No. 2 ), is GRANTED IN PART and DENIED IN PART as follows: a. The motion as it relates to Counts Four, Five, Eight, and Ten is DENIED AS MOOT. b. The motion as it relates to Counts One, Two, Three, Six, Seven, Nine, Eleven, and Twelve is GRANTED and those Counts are DISMISSED WITH PREJUDICE. 4. Defendant Citi Mortgage, Inc.'s Motion to Dismiss (Doc. No. 5 ), is GRANTED IN PART and DENIED IN PART as follows: a. The motion as it relates to Counts Four, Five, Eight, and Ten is DENIED AS MOOT. b. The motion as it relates to Counts One, Two, Three, Six, Seven, Nine, Eleven, and Twelve is GRANTED and those Counts are DISMISSED WITH PREJUDICE. 5. Plaintiff's Complaint (Doc. No. 1 ) is DISMISSED WITH PREJUDICE as it is asserted against Defendants MERS, PennyMac, and Citi Mortgage. 6. Plaintiffs claims in his Proposed Amended Complaint against Defendants First Rate Financial and Closers Finlis are remanded to state court.(Written Opinion). Signed by Judge Donovan W. Frank on 3/26/2012. (BJS)
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