Newcomb v. Cambridge Home Loans, Inc. et al
| William E. Newcomb |
| Cambridge Home Loans, Inc., Option One Mortgage Corporation, American Home Mortgage Servicing, Inc., Deutsche Bank National Trust Company, John Doe 1-10, Jane Doe 1-10, Doe Corporations 1-10, Doe Non-Profit Organizations 1-10, Doe Partnerships 1-10, Doe Governmental Agencies 1-10 and Doe Joint Ventures 1-10 |
| 1:2009cv00567 |
| November 30, 2009 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| KEVIN S.C. CHANG |
| DAVID ALAN EZRA |
| None |
| 15 U.S.C. ยง 1601 Truth in Lending |
| None |
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Filing
49
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS 37 . Signed by JUDGE DAVID ALAN EZRA on 3/20/2012. Excerpts of Order ~ "[T]he Court will grant Plaintiff one last opportunity to amend his comp laint, except for his Rescission, RESPA, GLBA, and HOEPA rescission claims. Plaintiff is therefore granted 30 days to amend his complaint...." "[Defendants Option One Mortgage Corporation, American Home Mortgage Servicing, Inc., and Deutsc he Bank National Trust Company's] Motion is DENIED as to Plaintiff's UDAP claim for rescission. The Motion is GRANTED insofar as the Court DISMISSES WITH PREJUDICE the following claims as to all defendants: RESPA, GLBA, HOEPA (rescission), and Rescission. The Court DISMISSES WITHOUT PREJUDICE the following claims as to all defendants: HOEPA (damages), FCRA, Breach of Contract, Conversion, Unjust Enrichment, and Breach of Implied Covenant of Fair Play and Good Faith. The Court also DISM ISSES WITHOUT PREJUDICE the following claims as to Moving Defendants: Concealment, Breach of Fiduciary Duty, and Fraud in the Inducement." ~ [Order follows hearing held on 3/5 and 3/13/2012. Minutes: docket entry nos. 47 and 48 ] (afc) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on March 21, 2012.
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Filing
35
ORDER: (1) GRANTING MOTION TO DISMISS COMPLAINT 30 AND (2) DISMISSING THE COMPLAINT AS TO ALL DEFENDANTS WITHOUT PREJUDICE. ~ "Plaintiff has sixty (60) days to file an amended complaint." ~ Signed by JUDGE DAVID ALAN EZRA on 10/26/2011. [Order follows hearing held 10/26/2011 on Motion to Dismiss (doc no. 30). Minutes: docket entry no. 34 ] (afc)
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Filing
28
ORDER GRANTING PLAINTIFF'S MOTION TO SET ASIDE CLERK'S JUDGMENT IN A CIVIL CASE 25 . ~ "[T]he Court grants Plaintiff 60 days from the date of this Order to file an amended complaint consistent with the April 16, 2010 Order." ~ Si gned by JUDGE DAVID ALAN EZRA on 6/23/2011. [April 16, 2010 Order - docket entry no. 21 . Judgment - docket entry no. 23 ]. (afc) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. NOTE: Order was NOT served upon James Ireijo. Modified on 6/23/2011 (afc).
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Filing
21
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS 6 . ~ The Court GRANTS Defendants' Motion to Dismiss WITHOUT Leave to Amend with respect to the Plaintiff's Truth-in-Lending Act ("TILA") claims. The Court GRANTS Defendants' Motion to Dismiss WITH Leave to Amend with respect to Plaintiff's Non-TILA claims as outlined [in the instant order]. ~ Signed by JUDGE DAVID ALAN EZRA on 4/16/2010. (afc)CERTIFICATE OF SERVICEParticipants regi stered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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