Halliday et al v. Frase et al
| Michael R. Halliday and Beverly E. Halliday |
| Jane Frase, Stephen Smith, Bill Beckmann, Schneiderman & Sherman, P.C, Joseph M. Otting, Jay Clayton, Ruth Johnson, Stephen Kempker, CitiMortgage, Inc. and Mortgage Electronic Registration Systems (MERS) |
| 1:2018cv00044 |
| January 11, 2018 |
| US District Court for the Western District of Michigan |
| Southern Division (1) Office |
| Ottawa |
| Phillip J. Green |
| Robert J. Jonker |
| Consumer Credit |
| 15 U.S.C. ยง 1692 |
| Plaintiff |
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Filing
44
ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 42 ; Defendant Kempker's Motion to Dismiss 37 is granted; Clerk of Court shall STRIKE Plaintiffs' proposed Amended Complaint 43 as improvidently filed; the Court discerns no good-faith basis for an appeal; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc)
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Filing
41
ORDER denying Motion for Leave to Amend 40 ; APPROVING AND ADOPTING REPORT AND RECOMMENDATION 36 ; Plaintiffs' claims against unserved defendants Stephen Smith and "20 John and Jane Does" are dismissed; Plaintiffs' claims for da mages against Michigan's Secretary of State Ruth Johnson in her official capacity are barred by Eleventh Amendment immunity and are DISMISSED; Rule 12(b)(1) motion to dismiss by Comptroller of Currency Otting and Securities and Exchange Commissi oner Clayton 28 is granted and all claims against these defendants are dismissed for lack of jurisdiction; the Rule 12(b)(6) motion by these defendants 28 is dismissed without prejudice; motions to dismiss filed by defendants Fraser, Beckman, S chneiderman & Sherman, Michigan's Secretary of State Ruth Johnson, CitiMortgage, and MERS 12 , 15 , 17 are granted, and these defendants are dismissed; the case shall proceed as to Defendant Sheriff Stephen Kempker only; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc)
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