Burton et al v. Countrywide Bank FSB et al
| Brenda Burton, Steve Fritts and Sterling Mortensen |
| Countrywide Bank FSB, Bank of America, Fidelity National Title Insurance Co., BAC Home Loans Servicing LP FKA, Countrywide Home Loan Servicing LP, Mortgage Electronic Registration Systems Inc, Recontrust Company NA and Does 1-10 |
| 1:2010cv00298 |
| June 15, 2010 |
| US District Court for the District of Idaho |
| Boise - Southern Office |
| Ada - Southern |
| Candy W Dale |
| Truth in Lending |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
72
ORDER ADOPTING REPORT AND RECOMMENDATION for granting 59 Motion to Dismiss for Failure to State a Claim; incorporating and adopting 63 Report and Recommendation; dismissing in its entirety 58 Amended Complaint; granting 69 Motion for Leave to File Excess Pages. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)
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Filing
57
ORDER ADOPTING REPORT AND RECOMMENDATIONS 54 Report and Recommendations ; denying as moot 38 Motion for In Rem proceeding; granting in part 18 Motion to Dismiss; Plaintiffs Amended Complaint (Dkt. 10) is DISMISSED IN ITS ENTIRETY WITHOUT PR EJUDICE as to all claims except Plaintiffs First and Second Causes of Action, Breach of Fiduciary Duty, and Fourth Cause of Action in part, as set forth in the Report and Recommendation. Plaintiffs shall file a Second Amended Complaint in accordanc e with the limitations and direction in the Report and Recommendation. The Second Amended Complaint shall set forth their remaining claims with thirty (30) days from the date of this Order. Plaintiffs failure to file a Second Amended Complaint within thirty (30) days will result in a termination of this action as to all claims. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dks)
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