Bader v. Wells Fargo Home Mortgage, Inc.

Justia Dockets & Filings Second Circuit New York Southern District Bader v. Wells Fargo Home Mortgage, Inc.

Bader v. Wells Fargo Home Mortgage, Inc.

Plaintiff:	Neil Bader
Defendant:	Wells Fargo Home Mortgage, Inc.
Case Number:	1:2009cv09410
Filed:	November 12, 2009
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Richard J. Holwell
Nature of Suit:	None
Cause of Action:	28 U.S.C. § 1332 Diversity: Notice of Removal
Jury Demanded By:	None

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Date Filed	Document Text
April 25, 2012	Filing 43 OPINION & ORDER re: 27 MOTION for Summary Judgment filed by Wells Fargo Home Mortgage, Inc. For the reasons discussed above, Wells Fargo's motion for summary judgment on Bader's remaining breach of contract claim is hereby GRANTED. The Clerk of Court is directed to close docket item 27 and terminate the case. (Signed by Judge Paul A. Engelmayer on 4/25/2012) (mro)
March 30, 2011	Filing 22 MEMORANDUM AND OPINION. For the reasons stated above, Wells Fargo's motion 13 (No. 09-CV-9410) for judgment on the pleadings as to Bader's complaint is DENIED with respect to Bader's breach of contract claim related to Volume Overri des on loans funded prior to June 1, 2009 and GRANTED in all other respects. Since Bader's claim to Volume Overrides and Auerbach's claims to commissions and a President's Club Bonus involve conditions that loans have funded as of a g iven date, facts showing that Wells Fargo deliberately prevented loans from funding as of that date would affect whether plaintiffs' failure to fulfill those conditions should prevent their recovery. As difficult as it is to imagine the existenc e of such facts, if either plaintiff believes he can allege such facts consistent with the Federal Rules of Civil Procedure, that plaintiff shall have leave to filed an amended complaint as to those facts. In all other respects, dismissal is with pr ejudice. (Wells Fargo's motion 12 (No. 10-CV-2717) to dismiss Auerbach's complaint is DENIED with respect to Auerbach's breach of, contract claims related to commissions, President's Club and Partnership bonuses, and severanc e and GRANTED in all other respects re: (13 in 1:09-cv-09410-RJH) MOTION to Dismiss on the Pleadings. filed by Wells Fargo Home Mortgage, Inc., (12 in 1:10-cv-02717-RJH) MOTION to Dismiss the Complaint. filed by Wells Fargo Home Mortgage Inc.) (Signed by Judge Richard J. Holwell on 3/29/11) (djc) Modified on 3/30/2011 (djc).

Date Filed

Document Text

April 25, 2012

Filing 43 OPINION & ORDER re: 27 MOTION for Summary Judgment filed by Wells Fargo Home Mortgage, Inc. For the reasons discussed above, Wells Fargo's motion for summary judgment on Bader's remaining breach of contract claim is hereby GRANTED. The Clerk of Court is directed to close docket item 27 and terminate the case. (Signed by Judge Paul A. Engelmayer on 4/25/2012) (mro)

March 30, 2011

Filing 22 MEMORANDUM AND OPINION. For the reasons stated above, Wells Fargo's motion 13 (No. 09-CV-9410) for judgment on the pleadings as to Bader's complaint is DENIED with respect to Bader's breach of contract claim related to Volume Overri des on loans funded prior to June 1, 2009 and GRANTED in all other respects. Since Bader's claim to Volume Overrides and Auerbach's claims to commissions and a President's Club Bonus involve conditions that loans have funded as of a g iven date, facts showing that Wells Fargo deliberately prevented loans from funding as of that date would affect whether plaintiffs' failure to fulfill those conditions should prevent their recovery. As difficult as it is to imagine the existenc e of such facts, if either plaintiff believes he can allege such facts consistent with the Federal Rules of Civil Procedure, that plaintiff shall have leave to filed an amended complaint as to those facts. In all other respects, dismissal is with pr ejudice. (Wells Fargo's motion 12 (No. 10-CV-2717) to dismiss Auerbach's complaint is DENIED with respect to Auerbach's breach of, contract claims related to commissions, President's Club and Partnership bonuses, and severanc e and GRANTED in all other respects re: (13 in 1:09-cv-09410-RJH) MOTION to Dismiss on the Pleadings. filed by Wells Fargo Home Mortgage, Inc., (12 in 1:10-cv-02717-RJH) MOTION to Dismiss the Complaint. filed by Wells Fargo Home Mortgage Inc.) (Signed by Judge Richard J. Holwell on 3/29/11) (djc) Modified on 3/30/2011 (djc).

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Plaintiff: Neil Bader
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Defendant: Wells Fargo Home Mortgage, Inc.
Represented By:	Cindy Schmitt Minniti
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