Kloth-Zanard v. Bank of America et al
| Joan T. Kloth-Zanard |
| Bank of America and Special Loan Servicing |
| 3:2015cv01208 |
| August 7, 2015 |
| US District Court for the District of Connecticut |
| New Haven Office |
| New Haven |
| Michael P. Shea |
| Consumer Credit |
| 15 U.S.C. ยง 1692 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
213
ORDER: For the reasons set forth in the attached, the 202 and 204 motions for summary judgment are GRANTED.The Clerk is instructed to close this case.Signed by Judge Michael P. Shea on 4/30/2019. (Ram, Megha)
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Filing
177
ORDER. For the reasons set forth in the attached, the plaintiff's motion to amend (ECF No. 132) is hereby GRANTED IN PART AND DENIED IN PART. She may amend her complaint to add an FDCPA claim against Defendant SLS but not against Defendant Ban k of America. The Court and the parties shall treat ECF No. 132 as the operative complaint, except that the FDCPA claim in that complaint against Bank of America is hereby dismissed. Signed by Judge Michael P. Shea on 10/11/2018. (Self, A.)
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Filing
74
ORDER. For the reasons set out in the attached, (i) the 26 motion to dismiss is granted with respect to the claims against Mortgage Electronic Registration Services, Inc., and The Bank of New York Mellon; (ii) the motion is granted in part and den ied in part with respect to Specialized Loan Services, LLC. All of Plaintiff's claims against Specialized Loan Services, LLC are dismissed except for her Telephone Consumer Protection Act ("TCPA") and Connecticut Creditors Collection Practices Act ("CCPA") claims. Now that the Court has ruled on the pending motions to dismiss, it will consider appointing counsel for Plaintiff. (See ECF No. 61). If Plaintiff continues to seek the appointment of counsel to litigate her TCPA and CCPA claims, she should file a statement on the docket so indicating within seven (7) days of this order. Signed by Judge Michael P. Shea on 10/31/2017. (Self, A.)
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Filing
70
ORDER. For the reasons set forth in the attached: (i) Wells Fargo's 62 motion to dismiss is granted; and (ii) Bank of America's 49 motion to dismiss is granted in part and denied in part. The following claims remain against Bank of America: the Telephone Consumer Protection Act claim (count 2) and the Connecticut Creditors Collections Practices Act claim (count 3). Signed by Judge Michael P. Shea on 10/5/2017. (Howard, H.)
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Filing
12
As discussed in the attached ruling, the Court orders the plaintiff to file under seal in this case by February 22, 2016 her and her husband's 2014 tax returns, copies of her husband's last three pay stubs, an estimate of her and her husband's income for 2015, and an affidavit by Ms. Kloth-Zanard explaining the differences in the three in forma pauperis affidavits over time. The affidavit shall be limited to five double-spaced pages. Failure to comply with this order may result in dismissal of this case with prejudice. The Motion to Proceed in Forma Pauperis (ECF No. 2) is GRANTED, subject to the conditions discussed above. The Court dismisses the claims in Count II under 15 U.S.C. §§ 16 92c(a) and1692e, and the claims in Counts IV through XIII. The following claims remain: the claim under 47 U.S.C. § 227(b)(1) in Count I, the claims under 15 U.S.C. §§ 1692d and 1692g in Count II, and the claim under Conn. Gen. Stat. & #167; 26a-648 in Count III.The Motion to Compel Loan Modification (ECF No. 5) is DENIED without prejudice. The Motion by Pro Se Litigant to Participate in Electronic Filing (ECF No. 8) is DENIED. The Motion for Court Appointed Attorney (ECF N o. 9) is DENIED without prejudice. The Motion for Hearing (ECF No. 10) is DENIED. If the Court finds it necessary to schedule a hearing to adjudicate a particular motion, it will do so by providing reasonable notice to the parties by order on the docket.The Motion to Amend (ECF No. 11) is DENIED without prejudice subject to the plaintiff including a copy of the proposed amended complaint with a timely motion to amend. Signed by Judge Michael P. Shea on 1/21/2016. (Hillier, D.)
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