Crosby v. Cal-Western Reconveyance Corporation et al
| Karen Day Crosby |
| McCarthy Holthus Levine, Paul M Levine, Paul Babeu, Aegis Mortgage Corporation, Robert Carter Olson, Laura Dean-Lytle, Mortgage Electronic Registration Systems Incorporated, Cal-Western Reconveyance Corporation, Aurora Loan Servicing and Unknown Parties |
| 2:2010cv01202 |
| June 7, 2010 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Maricopa |
| Neil V Wake |
| Foreclosure |
| 15 U.S.C. ยง 1692 |
| Plaintiff |
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Filing
18
ORDER - IT IS THEREFORE ORDERED that Defendants' Motion to Dismiss (Doc. 7) byAegis Mortgage Corporation, Cal-Western Reconveyance Corporation, Aurora LoanServicing, Mortgage Electronic Registration Systems, Inc., McCarthy, Holthus & Levine and Paul M. Levine is granted, dismissing the Complaint with prejudice as to these Defendants as res judicata. IT IS FURTHER ORDERED that Defendants' Motion for Sanctions under Fed. R. Civ. P. 11 (Doc. 8) is denied. IT IS FURTHER ORDERED that Defend ants' Motion to Preclude Future Filings by Plaintiff (Doc. 7) is denied. IT IS FURTHER ORDERED that Motion to Dismiss (Doc. 10) by Defendants Pinal County Recorder, Laura Dean-Lytle, and Pinal County Sheriff, Paul Babeau, is granted, dismissing the Complaint with prejudice as to these Defendants for failure to state a claim upon which relief can be granted. IT IS FURTHER ORDERED that the State Defendants' Motion to Dismiss (Doc. 17) by the Honorable Robert Carter Olson and the Honorabl e Gilbert V. Figueroa will be granted, dismissing the Complaint with prejudice as to these Defendants under the doctrine of judicial immunity.IT IS FURTHER ORDERED that Plaintiff's Motion for an Order to Cease andDesist Foreclosure Proceedings (Doc. 6) is denied as moot. IT IS FURTHER ORDERED the Clerk shall enter Judgment in favor of Defendants and against Plaintiff. The Clerk shall terminate this case. Signed by Judge Neil V Wake on 7/23/10.(LAD)
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