Mitchell v. EMC Mortgage Corporation et al
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|Date Filed||#||Document Text|
|October 13, 2009
ORDER granting in part 20 Motion to Dismiss. Counts Four, Five, Six, and Seven of Plaintiff James M. Mitchell's Original Complaint are dismissed with prejudice pursuant to Fed.R.Civ.P. 12(b)(6). The remainder of the Motion to Dismiss is denied as moot in light of the dismissal of the remaining state law claims. ORDER that the remainder of Plaintiff's Complaint 1 is dismissed as to all Defendants without prejudice pursuant to 28:1367(c)(3). ORDER that the Clerk enter judgment in fav or of Defendants EMC Mortgage Corporation, Mortgage Electronic Registration Systems, Inc., and Bank of America, N.A., dismissing Counts Four, Five, Six, and Seven of Plaintiff's Complaint 1 with prejudice, and dismissing all other claims as to all Defendants without prejudice. Signed by Judge Neil V Wake on 10/13/09.(TLJ)
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