Kelly et al v. Wells Fargo Bank, N.A.
| David W. Kelly and Joan L. Kelly |
| Wells Fargo Bank, N.A. |
| 1:2013cv02298 |
| September 3, 2013 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Perry |
| Christopher C. Conner |
| All Other Real Property |
| 28 U.S.C. ยง 1332 |
| Both |
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| Document Text |
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Filing
46
ORDER (Memorandum 45 filed previously as separate docket entry) - It is hereby ORDERED that: 1. Report of Magistrate Judge Schwab 40 ADOPTED to extent it recs dismissal of Kellys' negligence claim, breach of contract claim for lack of stan ding udring 2008 foreclosure proceedings & breach of contract claim for failure to provide an acct'ng - ct DECLINES to adopt remainder of rpt.; 2. Wells Fargo's MTD 30 is GRANTED in part & DENIED in part as follows... (See Paras 2a-d for specifics).; 3. Matter shall proceed solely w/ re: the Kellys' breach of contract claim re: Wells Fargo's July 2008 entry onto subject property.; 4. Matter REMANDED to Magistrate Judge Schwab for further proceedings & pretrial management. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 3/25/15. (ki)
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Filing
26
ORDER ADOPTING REPORT of Magistrate Judge Schwab 20 , GRANTING Wells Fargo's motion 5 to dismiss the Kellys' complaint, DISMISSING Count II of the Kellys' complaint w/ prejudice w/out objection, DISMISSING Counts I & III w/out prejudice, & noting if the Kellys fail to file curative amended pleading w/in 14 days of date of this order Clrk of Ct will be directed to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 7/10/14. (ki)
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