Clay v. Countrywide Home Loans

Clay v. Countrywide Home Loans

Plaintiff:	Albert Russell Clay
Defendant:	Countrywide Home Loans
Case Number:	9:2008cv01369
Filed:	April 7, 2008
Court:	US District Court for the District of South Carolina
Office:	Contract: Recovery/Enforcement Office
County:	Beaufort
Presiding Judge:	George C Kosko
Presiding Judge:	Margaret B Seymour
Nature of Suit:	Plaintiff
Cause of Action:	Federal Question
Jury Demanded By:	15:1692 Fair Debt Collection Act

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Date Filed	Document Text
January 28, 2009	Filing 53 ORDER that the court adopts the 50 Report and Recommendation and incorporates it herein by reference. Defendant's 21 Motion to Dismiss is granted; Plaintiff's 36 Motion for Summary Judgment is denied, and the case dismissed, with preju dice. Plaintiff's 3 Motion for Preliminary Injunction, 37 Motion to amend complaint are denied as moot. Plaintiff's 38 Motion to remove case from state court also is denied. As a home state defendant, Plaintiff is prohibited from removing the foreclosure action on the basis of diversityjurisdiction. See 28 U.S.C. § 1441(b). Signed by Honorable Margaret B Seymour on 1/28/09. (erav, )
December 19, 2008	Filing 50 REPORT AND RECOMMENDATIONS of Magistrate Judge Bristow Marchant that the Defendant's MOTION to Dismiss 21 be granted, that the Plaintiff's Motion for Summary Judgment 36 be denied, and that this case be dismissed, with prejudice. Objections to R&R due by 1/9/2009. Signed by Magistrate Judge Bristow Marchant on 1/19/08. (rpol, )

Date Filed

Document Text

January 28, 2009

Filing 53 ORDER that the court adopts the 50 Report and Recommendation and incorporates it herein by reference. Defendant's 21 Motion to Dismiss is granted; Plaintiff's 36 Motion for Summary Judgment is denied, and the case dismissed, with preju dice. Plaintiff's 3 Motion for Preliminary Injunction, 37 Motion to amend complaint are denied as moot. Plaintiff's 38 Motion to remove case from state court also is denied. As a home state defendant, Plaintiff is prohibited from removing the foreclosure action on the basis of diversityjurisdiction. See 28 U.S.C. § 1441(b). Signed by Honorable Margaret B Seymour on 1/28/09. (erav, )

December 19, 2008

Filing 50 REPORT AND RECOMMENDATIONS of Magistrate Judge Bristow Marchant that the Defendant's MOTION to Dismiss 21 be granted, that the Plaintiff's Motion for Summary Judgment 36 be denied, and that this case be dismissed, with prejudice. Objections to R&R due by 1/9/2009. Signed by Magistrate Judge Bristow Marchant on 1/19/08. (rpol, )

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Plaintiff: Albert Russell Clay
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Defendant: Countrywide Home Loans
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