Lynch v. The Bank Of New York Mellon et al
| Robert John Lynch and Jennifer Ann Lynch |
| The Bank Of New York Mellon, Nettleton S. Payne, III, Diane Elizabeth Payne, Mortgage Electronic Registration Systems, Inc. and Doe Defendants 1-50 |
| 1:2017cv00195 |
| April 28, 2017 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| LESLIE E. KOBAYASHI |
| RICHARD L. PUGLISI |
| All Other Real Property |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
60
ORDER Denying Defendants Nettleton S. Payne III and Diane Elizabeth Payne's Motion To Dismiss; and Granting In Part and Denying In Part Defendant Bank of New York Mellon's Motion to Dismiss re 30 33 ."On the basis of the foregoing, the Paynes' FRCP Rule 12(B)(6) Motion to Dismiss Plaintiffs Robert John Lynch and Jennifer Ann Lynchs Second Amended Complaint Filed on September 11, 2017 [Dkt. No. 29 , filed September 21, 2017 is HEREBY DENIED; and BONY's Motion to Dismiss Plaintiffs' 29 Second Amended Complaint, filed September 25, 2017, is HEREBY GRANTED IN PART AND DENIED IN PART. The BONY Motion is GRANTED insofar as Plaintiffs' wrongful foreclosure claim against BONY is DISMISSED WIT H PREJUDICE. The BONY Motion is DENIED as to Plaintiffs' quiet title claim against BONY.BONY and the Paynes are ORDERED to file their respective answers to the Second Amended Complaint (except as to Count II which is dismissed) by August 21, 2018. The Court EMPHASIZES that this deadline will not be affected by the filing of any motion for reconsideration of the instant Order. If any motion for reconsideration is filed and granted, the defendants will be permitted to file amended answers, if necessary." Signed by JUDGE LESLIE E. KOBAYASHI on 7/30/2018. (cib, )
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Filing
28
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS NETTLETON S. PAYNE III AND DIANE ELIZABETH PAYNE'S MOTION TO DISMISS RE 10 MOTION to Dismiss. Signed by JUDGE LESLIE E. KOBAYASHI on 08/15/2017. Th e Court GRANTS Plaintiffs leave to amend their quiet title claim against the Paynes. Plaintiffs do not have leave to add any new parties, claims, or theories of liability. Plaintiffs must file their second amended complaint by September 11, 2017. If Plaintiffs fail to file their second amended complaint by September 11, 2017, the claim will be dismissed with prejudice. (eps, )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).
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