Bromfield v. Hsbc Bank Nevada, Na et al
| Damion Bromfield |
| Hsbc Bank Nevada, Na and Portfolio Recovery Ass. LLC |
| 3:2013cv00462 |
| March 18, 2013 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Michael H. Simon |
| Civil Rights: Other |
| 42 U.S.C. ยง 1981 Civil Rights |
| None |
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Filing
42
Opinion and Order - Defendant HSBC's motion to dismiss 32 is GRANTED IN PART and DENIED IN PART. The following claims by Plaintiff are dismissed with prejudice: TILA claims under 15 U.S.C. §§ 1666 and 1666a, FCRA claim under 15 U.S. C. § 1681s-2(b), and state law claim for breach of fiduciary duty. Plaintiff's false advertising claim, which the Court construes as a claim under Oregons UTPA, is dismissed without prejudice. Thus, the following claims by Plaintiff remain in this action: TILA claim under 15 U.S.C. § 1643; state law claim for breach of contract, state law claim for conversion, and state law claim under Oregon's UDCPA. Additionally, Plaintiff's motion requesting appointment of pro bono counsel 35 is GRANTED. The Clerk is directed to appoint pro bono representation for Plaintiff. Signed on 1/13/2014 by Judge Michael H. Simon. (mja)
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Filing
26
OPINION and ORDER: Defendants' motions to dismiss 16 & 20 are GRANTED. Plaintiff's Complaint is dismissed without prejudice. Plaintiff has until August 30, 2013, to file an amended complaint that cures the deficiencies identified in this Opinion and Order. If an Amended Complaint is not filed by that date, Judgment will be entered. Signed on 7/29/2013 by Judge Michael H. Simon. (mja)
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