Dietz et al v. Beneficial Loan and Thrift Co. et al
| Vicky A. Dietz and Terry B. Dietz |
| Beneficial Loan and Thrift Co., John Does and Jane Does |
| 0:2010cv03752 |
| August 25, 2010 |
| US District Court for the District of Minnesota |
| DMN Office |
| Sherburne |
| Donovan W. Frank |
| Janie S. Mayeron |
| Truth in Lending |
| 15 U.S.C. ยง 1601 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
34
MEMORANDUM OPINION (Written Opinion). Signed by Judge Donovan W. Frank on 12/22/2011. (BJS)
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Filing
32
MEMORANDUM OPINION AND ORDER. 1. Beneficial's Motion to Dismiss (Doc. No. 22 ) is GRANTED. 2. Plaintiffs' Third Amended Complaint (Doc. No. 21 ) is DISMISSEDWITH PREJUDICE.(Written Opinion). Signed by Judge Donovan W. Frank on 11/10/11. (BJS)
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Filing
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MEMORANDUM OPINION AND ORDER 1. Beneficial's Motion to Dismiss (Doc. No. 4 ) is GRANTED. 2. Plaintiffs' Second Amended Complaint (Doc. No. 3 ) is DISMISSED WITH PREJUDICE. 3. As to Counts 1 and 2 only (Plaintiffs' TILA claims), this Order is STAYED for forty-five (45) days to allow Plaintiffs to amend their rescission claim. Should Plaintiffs amend the claim so as to adequately allege a rescission claim within the prescribed time period, the stay will be lifted as to Counts 1 an d 2 and the Motion to Dismiss will be denied without prejudice. The Court will entertain a future motion to dismiss should the Defendants take the position that the complaint, as amended, continues to fail to state a claim under TILA. Should Plaintif fs fail to amend the claim so as to adequately allege a rescission claim within the prescribed time period, the stay will be lifted and Counts 1 and 2 will be dismissed with prejudice. (Written Opinion). Signed by Judge Donovan W. Frank on 6/10/11. (BJS)
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