Soriano v. Wells Fargo Bank, N.A. et al
| Rosa E. Soriano |
| Samp, LLC, Wells Fargo Bank, N.A., Wells Fargo Home Mortgage, Inc. and Wells Fargo Home Mortgage of Hawaii, LLC |
| Wells Fargo Home Mortgage, Inc., Wells Fargo Bank, N.A. and Wells Fargo Home Mortgage of Hawaii, LLC |
| Wells Fargo Home Mortgage of Hawaii, LLC, Wells Fargo Home Mortgage, Inc. and Wells Fargo Bank, N.A. |
| Samp, LLC |
| Samp, LLC |
| 1:2011cv00044 |
| January 21, 2011 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| KEVIN S.C. CHANG |
| SUSAN OKI MOLLWAY |
| Foreclosure |
| 15 U.S.C. ยง 1640 |
| None |
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Filing
131
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT re 114 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 1/25/13. " For the foregoing reasons, the court grants Wells Fargo Defendants' mo tion for summary judgment on Count I and on the portions of Count II relying on a new purported second mortgage or on alleged oral statements. The court also grants summary judgment with respect to the portions of Counts III, IV, and VI based on oral statements. The court denies summary judgment with respect to the portions of Counts II, III, IV, and VI not otherwise disposed of by the present order. With respect to Count V, the court grants summary judgment to the extent Wells Fargo Defe ndants seek a ruling that the letter of March 9, 2010, was not an agreement to stop foreclosure proceedings. In all other respects, the court denies summary judgment as to Count V. The court dismisses all claims against Defendant Wells Fargo Home Mortgage of Hawaii, LLC. The parties are instructed to contact the Magistrate Judge to reschedule deadlines as necessary, including, if appropriate, the trial date." (emt, )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
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Filing
95
ORDER (1) GRANTING IN PART AND DENYING IN PART DEFENDANTS WELLS FARGO BANK, N.A., WELLS FARGO HOME MORTGAGE, INC., AND WELLS FARGO HOME MORTGAGE OF HAWAII, LLC'S MOTION TO DISMISS SECOND AMENDED COMPLAINT; (2) DENYING DEFENDANT SAMP, LLC'S SUBSTANTIVE JOINDER IN DEFENDANTS WELLS FARGO BANK, N.A., WELLS FARGO HOME MORTGAGE, INC., AND WELLS FARGO HOME MORTGAGE OF HAWAII, LLC'S MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT; AND (3) DENYING DEFENDANT SAMP, LLC'S MOT ION TO DISMISS SECOND AMENDED COMPLAINT 67 ; 70 ; 71 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 4/30/12. ("The court GRANTS the WF Motion as to Counts II (UDAP), III (fiduciary duty), a portion of Count IV (fraud), VIII (pro missory estoppel), and IX (due process), but DENIES the WF Motion as to Count I (FDCPA), the remaining portion of Count IV (negligent misrepresentation), and Count V (negligence). Because the FDCPA remains in issue, this court continues to have feder al question jurisdiction. The court therefore DENIES the request made by SAMP in its Joinder. At the present time, the court DENIES and terminates the SAMP Motion, without prejudice to reactivating it. The court bifurcates the trial in the manner se t forth above. The court will consider the issues raised in the SAMP Motion at a later date, if necessary. The parties are encouraged to discuss with each other how best to proceed. It occurs to the court that Soriano may want to seek leave to amen d her claims even though the cutoff for amending pleadings has passed, and that Wells Fargo Defendants may want to seek leave to file a summary judgment motion even though the motions cutoff has passed. Possibly, the parties will be able to agree on these procedural matters. Any agreement must, of course, include SAMP. A stipulation may be submitted for approval to the Magistrate Judge, who may assign a new trial date. In the absence of an agreement, any desired leave must be sought by motion, a nd this court indicates no inclination here as to whether any such motion should be granted or denied.") (emt, )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
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