Robertson v. Wells Fargo Home Mortgage
| Todd A. Robertson |
| Wells Fargo Home Mortgage |
| 3:2010cv01110 |
| September 14, 2010 |
| US District Court for the District of Oregon |
| Portland Office |
| Malcolm F. Marsh |
| Negotiable Instrument |
| 28 U.S.C. ยง 1332 Diversity-Negotiable Instrument |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
54
Judgment of Dismissal. Signed on 01/04/2012 by Judge Anna J. Brown. (bb)
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Filing
52
OPINION AND ORDER: The Court GRANTS Defendant's Request 46 for Judicial Notice. The Court also GRANTS in part and DENIES in part Plaintiff's Requests ( 42 , 43 ) for Judicial Notice as set out herein. The Court GRANTS Defendant&# 039;s Motion 46 to Dismiss Plaintiff's Amended Complaint in its entirety. Consistent with this Opinion and Order, the Court DISMISSES with prejudice all of Plaintiff's claims except for his potential MERS claim. The Court DISMISSES withou t prejudice Plaintiff's allegation that the involvement of MERS in his mortgage somehow invalidates Defendant's right to collect payments on the Promissory Note. Plaintiff may file a motion for leave to file an amended complaint no later th an November 21, 2011, only as to his potential MERS claim with supporting documents as set out above. If Plaintiff files such a motion, the Court will consider it initially without the need for Defendant to respond unless and until the Court directs otherwise. If Plaintiff does not file such a motion by November 21, 2011, the Court will also dismiss with prejudice Plaintiffs potential MERS claim. See 21-page opinion and orde r attached. Ordered by Judge Anna J. Brown. (mr)
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Filing
40
ORDER: The Court GRANTS Defendant's Request 31 for Judicial Notice. The Court also GRANTS in part and DENIES in part Defendant's Motion 29 to Dismiss as set out herein and GRANTS Defendant's Alternative Motion 29 for a M ore Definite Statement as to Plaintiff's sole remaining claim under the FDCPA. The Court DENIES Defendant's request for sanctions against Plaintiff. The Plaintiff may file an Amended Complaint no later than June 20, 2011, to attempt to cu re its deficiencies only as to his FDCPA claim and in accordance with this Opinion and Order. If Plaintiff does not file an amended complaint by June 20, 2011, the Court will dismiss what remains of Plaintiff's Complaint.Signed on 05/20/2011 by Judge Anna J. Brown. See 23 page Opinion and Order for full text. (bb)
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| Plaintiff: Todd A. Robertson | |
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| Defendant: Wells Fargo Home Mortgage | |
| Represented By: | Jon David Ives |
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