Cullison v. Okoneski et al
| Lori Ann Cullison |
| Gerald J Okoneski, Joseph R Okoneski, Nicholas D Okoneski, Jeri Ann Johnson, Robbin E Brunsvold, Colleen M Horeish, Statewide Foreclosure Services, Fidelity National Title, Title Management Agency of Arizona LLC, Edward T Bonner, Lorrain Bonner, Kathleen S Bonner and Dan J Bonner |
| 2:2011cv01179 |
| June 15, 2011 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Maricopa |
| Neil V Wake |
| Foreclosure |
| 15 U.S.C. ยง 1601 |
| None |
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Filing
60
ORDER that all claims against Defendants Dan J. Bonner and Kathleen S. Bonner; The Money Mart Mortgage, LLC, dba Money Mart; The Okoneski Trust, a Trust dated 10/23/89; Title Management Agency of Arizona, LLC; Sunstate Title Agency, LLC; Charles Nic hols and Jane Doe Nichols; Black Corporation I, mortgage bonding company for Dan Bonner and/or Money Mart; Black Corporation II, notary bonding company for Haglund; and Black Corporation III, notary bonding company for Nichols; John Doe Loucks; and Lorrain Bonner are dismissed without prejudice for lack of service. That Defendants' Motion to Dismiss Second Amended Complaint as to Defendants Okoneski and Statewide 29 ; Motion of Defendant, Edward T. Bonner, to Dismiss Plaintiff's Second Amended Complaint Pursuant to Federal Rule of Procedure 12(b)(6) 35 ; and Fidelity, Haglund and Loucks' Motion to Dismiss 39 are granted. That all of Plaintiff's claims against Defendant Statewide Foreclosure Services are dismisse d with prejudice. Defendant Statewide Foreclosure Services is entitled to recover costs and reasonable attorney fees pursuant to A.R.S. § 33-807(E) and may submit an application pursuant to Fed. R. Civ. P. 54 (d) and LRCiv 54.2. That all of P laintiff's claims against Edward T. Bonner are dismissed with prejudice. That Plaintiff's claims against Gerald J. Okoneski and Jane Doe Okoneski for fraud and misrepresentation, violation of the Arizona Consumer Fraud Act, violation of th e Truth in Lending Act, violation of the Real Estate Settlement Procedure Act, usury, and violation of A.R.S. § 13-2301 et seq. are dismissed with prejudice. Plaintiff's claims against Gerald J. Okoneski and Jane Doe Okoneski for wrongfu l forfeiture/quiet title and breach of contract are dismissed without prejudice. Plaintiff's claims against Wanda S. Loucks, Karen Haglund and John Doe Haglund, and Fidelity National Title Insurance Company for fraud and misrepresentation and violation of A.R.S. § 13-2301 et seq. are dismissed with prejudice. Plaintiff's claim against Wanda S. Loucks, Karen Haglund and John Doe Haglund, and Fidelity National Title Insurance Company for violation of notaries public statute is dismissed without prejudice. That the Clerk enter judgment in accordance with this order. The Clerk shall terminate this case. Signed by Judge Neil V Wake on 4/6/12.(DMT)
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