Gregory et al v. Select Portfolio Servicing Inc et al

Plaintiff: Jonathan Gregory and Amy Gregory
Defendant: Select Portfolio Servicing Inc, Bank of America NA and Deutsche Bank National Trust Company
Case Number: 2:2015cv00781
Filed: May 8, 2015
Court: Alabama Northern District Court
Office: Southern Office
County: Jefferson
Presiding Judge: John H England
Nature of Suit: Truth in Lending
Cause of Action: 28:1441
Jury Demanded By: Plaintiff

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Date Filed#Document Text
August 31, 2016 34 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER - Accordingly, Defendants motion to dismiss, (doc. 22), is GRANTED, and Counts I through V and VII through XIV of the Gregorys amended complaint are DISMISSED. Specifically, the abandoned claims in Co unts III, VIII, IX, and XIV; the preempted state-law claims relating to the responsibilities of persons who furnish information to consumer reporting agencies; the negligence and wantonness claims in Counts I and II purportedly based on RESPA or the obligations arising from the mortgage contracts; the state-law wrongful foreclosure claim under Count IV; and the time-barred claims under Count X are DISMISSED WITH PREJUDICE. To the extent the Gregorys can re-plead the other claims consisten t with this Order, those claims are DISMISSED WITHOUT PREJUDICE. The Gregorys have until September 14, 2016, to file a motion to amend with a proposed second amended complaint consistent with this Order. If the Gregorys do not file a mo tion to amend by that date (or have not otherwise sought to extend the deadline), the claims for which leave to amend was granted will be deemed abandoned and dismissed with prejudice. Signed by Magistrate Judge John H England, III on 8/31/2016. (KEK)

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Search for this case: Gregory et al v. Select Portfolio Servicing Inc et al
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Plaintiff: Jonathan Gregory
Represented By: Kenneth J Lay(Designation Retained)
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Plaintiff: Amy Gregory
Represented By: Kenneth J Lay(Designation Retained)
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Defendant: Select Portfolio Servicing Inc
Represented By: John David Collins(Designation Retained)
Represented By: Joshua R Hess
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Defendant: Bank of America NA
Represented By: Colin T Dean(Designation Retained)
Represented By: Brian Alexander Wahl(Designation Retained)
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Defendant: Deutsche Bank National Trust Company
Represented By: John David Collins(Designation Retained)
Represented By: Joshua R Hess
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