Champion v. Bank of America, N.A. et al
||MersCorp/Mers, Inc., Security Atlantic Mortgage Co., Inc., Bank of America, N.A. and Trustee Services of Carolina, LLC
||April 10, 2013
||North Carolina Eastern District Court
||Western Division Office
||W. Earl Britt
|Nature of Suit:
|Cause of Action:
||28:1331 Fed. Question
|Jury Demanded By:
Available Case Documents
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|Date Filed||#||Document Text|
|January 2, 2014
ORDER granting in part 9 Motion to Dismiss for Failure to State a Claim. Signed by Senior Judge W. Earl Britt on 1/2/2014. (Marsh, K)
|January 2, 2014
JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED that the motion to dismiss is ALLOWED IN PART. The FDCPA claim against BANA and the RESPA claim against BANA, MERS, and MersCorp are DISMISSED WITH PREJUDICE. Plaintiff's claims against defendants S ecurity Atlantic Mortgage Co. Inc. and Trustee Services of Carolina, LLC are DISMISSED WITHOUT PREJUDICE based on plaintiff's failure to serve those defendants within 120 days of the filing of the complaint. Because the court has dismissed the f ederal claims and diversity jurisdiction does not exist, the court declines to exercise jurisdiction over plaintiff's remaining state law claims against BANA, MERS, and MersCorp. See 28 U.S.C. § 1367(c)(3). Those claims are DISMISSED WITHOUT PREJUDICE. The Clerk is DIRECTED to close this case. Signed by Julie A. Richards, Clerk of Court on 1/2/2014. (Marsh, K)
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