Gould v. Citi Mortgage, Inc. et al

Defendant: First Rate Financial, Inc., Mortgage Electronic Registration Systems, Inc., PennyMacLoan Services, LLC, Closers Finalis, Inc. and Citi Mortgage, Inc.
Plaintiff: Charles Gould
Case Number: 0:2011cv01982
Filed: July 20, 2011
Court: Minnesota District Court
Office: DMN Office
County: Hennepin
Presiding Judge: Donovan W. Frank
Referring Judge: Janie S. Mayeron
Nature of Suit: Truth in Lending
Cause of Action: 15:1640
Jury Demanded By: None

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Date Filed#Document Text
March 26, 2012 49 Opinion or Order of the Court 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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Defendant: First Rate Financial, Inc.
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Defendant: Mortgage Electronic Registration Systems, Inc.
Represented By: Mark G Schroeder
Represented By: Molly B Thornton
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Defendant: PennyMacLoan Services, LLC
Represented By: Mark G Schroeder
Represented By: Molly B Thornton
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Defendant: Closers Finalis, Inc.
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Defendant: Citi Mortgage, Inc.
Represented By: Matthew H Jones
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Plaintiff: Charles Gould
Represented By: Andrew-NA K. Selby
Represented By: Kody B Holker
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