SCARR v. JPMORGAN CHASE BANK NATIONAL ASSOCIATION, et al.
||KIMBALL RUSTIN ROY SCARR
||JULIAN CASTRO, FEIWELL AND HANNOY PC, CAROL J. GALANTE, GUARANTEED RATE INC., JPMORGAN CHASE BANK NATIONAL ASSOCIATION, LSF9 MORTGAGE HOLDINGS LLC, LSF9MASTER PARTICIPATION TRUST, JOHN W. LUCY, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., BRYN REDMOND and LEANNE TITUS
||September 30, 2016
||US District Court for the Southern District of Indiana
||Debra McVicker Lynch
||Tanya Walton Pratt
|Nature of Suit:
||Truth in Lending
|Cause of Action:
||15 U.S.C. § 1601 Truth in Lending
|Jury Demanded By:
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|March 14, 2018
ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Court, having reviewed de novo the parties' arguments in the Motions to Dismiss, the Report and Recommendation's findings and authorities on each point, and Scarr's Objections thereto , concludes that the Magistrate Judge's analysis is correct and her holdings are sound. Fair and meaningful consideration was given to Scarr's objections and he has demonstrated no error in the Magistrate Judge's order. Therefore, t he Court ADOPTS the Magistrate Judge's Report and Recommendation (Filing No. 142 ). Defendants' Motions to Dismiss (Filing No. 77 , Filing No. 79 , Filing No. 89 and Filing No. 91 ) are GRANTED. And, to the extent the Amended Compl aint (Filing No. 64 ) seeks to challenge the state court foreclosure judgment or seeks rescission of Scarr's mortgage loan, those claims are DISMISSED without prejudice for lack of subject matter jurisdiction, but to the extent any of the claims are not barred by Rooker-Feldman, those claims are DISMISSED with prejudice for failure to state a claim based on claim preclusion or issue preclusion. In addition, the Court finds no errors in the Magistrate Judge's Order dismissing a ll pending non-dispositive motions (Filing No. 109 , Filing No. 127 , Filing No. 132 , Filing No. 137 , and Filing No. 138 ). The Court therefore OVERRULES the objections and Filing No. 109, Filing No. 127 , Filing No. 132 , Filing No. 137 , and Filing No. 138 are DISMISSED. (See Order.) Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 3/14/2018.(BRR)
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