Quintero Family Trust et al v. Federal Deposit Insurance Corporation et al
| Quintero Family Trust, George Hannibal Quintero and Celia G. Quintero |
| Federal Deposit Insurance Corporation, IndyMac Bancorp, Inc., Quality Loan Service Corp., Clarion Mortgage Capital, Inc., Mortgage Electronic Registration Systems, Inc., Bill Laney and Breakthrough Marketing, Inc. |
| George Hannibal Quintero and Celia G. Quintero |
| Federal Deposit Insurance Corporation |
| 3:2009cv01561 |
| July 17, 2009 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Anthony J. Battaglia |
| Irma E. Gonzalez |
| Plaintiff |
| 15 U.S.C. ยง 1601 Truth in Lending |
| Plaintiff |
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Filing
86
ORDER granting in part and denying in part 66 Motion to Dismiss; with regard to the Preliminary Injunction that was entered against all Defendants, except Defendant Clarion, on November 25, 2009, the Court CONTINUES the injunction and will NOT REQUIRE additional undertaking by Plaintiffs at this stage. Signed by Judge Irma E. Gonzalez on 6/25/10. (kaj)
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Filing
62
ORDER granting in part and denying in part One West Bank FSB's 8 Motion to Dismiss; granting in part and denying in part Clarion Mortgage Capital, Inc.'s 11 Motion to Dismiss. Court denies Dfts' motion as to the TILA claim for reci ssion alleged in the first cause of action. Plaintiffs have leave to amend claim if they wish in conjunction w/ the other dismissed claims. The Motions to Dismiss are granted, in all other respects. Court dismisses w/ leave to amend: 1.) 2nd and 5th causes of action against OneWest and IndyMac, 2.) 6th cause of action for violation of Sections 2605(a) and 2605(e) of RESPA against all moving dfts, 3.) 8th, 9th, 10th, 14th and 15th causes of actions against all moving dfts. Plaintiffs shall 30 day s from the file date of this Order to file a Second Amended Complaint. Court dismisses w/o prejudice: 1.) 2nd cause of action against Clarion, and 2.) 4th, 12th, and 13th causes of actions against all moving dfts. Court dismisses w/ prejudice: 1.) TI LA claim for damages alleged in the 1st cause of action, 2.) 5th cause of action against Clarion, 3.) allegations in the 6th cause of action for improper payments for referrals and charges for services never rendered, and 4.) 7th and 11th causes of a ction against all moving dfts. With regard to the Preliminary Injunction entered on 11/25/2009 against all Dfts except Clarion, Court continues the injunction and will not require additional undertaking by Plaintiffs at this stage. Signed by Judge Irma E. Gonzalez on 1/27/2010. (jah) (jrl).
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Filing
50
ORDER denying Plaintiffs' 45 Motion to Continue Hearing on Defendant's Motion to Dismiss and denying 45 Motion for Order for a Mandatory Settlement Conference. The Hearing on the three (3) Motions to Dismiss and Plaintiffs' Motion for Sanctions shall remain scheduled for 1/12/2010 at 10:30am. Signed by Judge Irma E. Gonzalez on 12/11/2009. (All non-registered users served via U.S. Mail Service)(jah) (jrl).
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Filing
14
ORDER granting 12 Plaintiffs' Ex Parte Application to Coordinate Motions to Dismiss, Set a Briefing Schedule, and Consolidate Hearings. The Court sets Monday, December 7, 2009 at 10:30 a.m. as the new hearing date for Motions to Dismiss 8 an d 11 . The Court vacates the current hearing dates. Plaintiffs' opposition to both Motions to Dismiss shall be filed by 11/16/09. Defendants' replies to Plaintiffs' opposition by 11/30/09. Signed by Judge Irma E. Gonzalez on 10/1/09. (tkl) (av1).
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