Russell et al v. Federal Home Loan Mortgage Corporation et al
| Mark Russell and Vicky Russell |
| OneWest Bank, F.S.B., Unknown Individuals, Trusts and Entities, John/Jane Does 1-100, Federal Home Loan Mortgage Corporation and Pioneer Lender Trustee Services, LLC |
| 1:2011cv00222 |
| May 16, 2011 |
| US District Court for the District of Idaho |
| Boise - Southern Office |
| Ada - Southern |
| B. Lynn Winmill |
| Other Fraud |
| 28 U.S.C. ยง 2409 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
36
MEMORANDUM DECISION AND ORDER granting 10 Defendnant's MOTION to Dismiss, with respect to Plaintiffs claim alleging that Securitization Separated the Deed of Trust from the Note. Signed by Judge B. Lynn Winmill. (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
32
MEMORANDUM DECISION AND ORDER granting in part and denying in part 28 Motion to Strike ; granting in part and deferring in part 10 Motion to Dismiss. Plaintiffs' claims alleging violations of federal law, violation of notice of default provi sions of state law, and violation of bidding procedures are dismissed with prejudice. All other claims are dismissed with leave to amend. This Court has asked the Idaho Supreme Court to notify it when Idaho Supreme Court issues its decision in Trotte r v. Bank of New York Mellon, No. 38022-2010. Upon review of this decision, this Court will either ask the parties to file short supplemental briefs addressing the case, or the Court will enter its final order on the remaining issues. Signed by Judge B. Lynn Winmill. (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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