First Central Savings Bank v. Meridian Residential Capital et al
| First Central Savings Bank |
| Meridian Residential Capital, David Brecher, Meridian Mortgage Services, DBS Dervicing Solutions, Inc., NH Appraisal Associates, Inc., David S. Frankel, P.C., MDS Appraisal Group, Law Offices of Sam Shore, Jeffrey E. Mehl, Esq., True Valuations Appraisers, Admor Appraisals, Atrium Appraisal Services, Inc., The Addison Group, Old Republic National Title Insurance Co., Andrew Kesler and Mak Appraisals |
| 1:2009cv03444 |
| August 7, 2009 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Kings |
| Lois Bloom |
| Dora Lizette Irizarry |
| Plaintiff |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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Filing
144
ORDER re 102 MOTION for Sanctions Pursuant to FRCP 11 filed by Meridian Residential Capital, DBS Dervicing Solutions, Inc., David Brecher, Meridian Mortgage Services - For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, t he Meridian Defendants' motion for sanctions is granted in part and denied in part. If Plaintiff chooses to file an amended complaint, it is not permitted to include allegations that the Meridian Defendants deceptively allowed the Myers and Rush loans to close despite the existence of encumbrances affecting the collateral. This matter is referred to the magistrate judge for further pretrial proceedings. SO ORDERED by Judge Dora Lizette Irizarry on 3/30/2011. (Irizarry, Dora)
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Filing
142
ORDER temporarily granting 32 Motion to Dismiss; 60 First MOTION to Dismiss filed by Law Offices of Sam Shore, 45 First MOTION to Dismiss filed by Jeffrey E. Mehl, Esq., 109 MOTION to Dismiss filed by NH Appraisal Associates, Inc., 126 MOTI ON to Dismiss filed by Mak Appraisals, Andrew Kesler, 131 MOTION to Dismiss filed by True Valuations Appraisers, 64 MOTION to Dismiss filed by Meridian Residential Capital, DBS Dervicing Solutions, Inc., David Brecher, Meridian Mortgage Services, 46 MOTION to Dismiss filed by David S. Frankel, P.C., 67 MOTION to Dismiss filed by Admor Appraisals -- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, Defendants' motions to dismiss are granted, and the claims again st them are dismissed without prejudice. HOWEVER, the dismissal of the complaint is held in abeyance pending the filing of an amended complaint. Any amended complaint must be filed NO LATER THAN April 4, 2011. If plaintiff does not file an amended c omplaint within this time, the claims dismissed herein without prejudice will be deemed to be dismissed with prejudice and a dismissal order will be entered. Plaintiff is admonished that the court is NOT inclined to grant any extension of the filing deadline absent extraordinary good cause and the court WILL NOT entertain any eleventh hour request for an extension of the deadline. This matter has been pending for for nearly two years and plaintiff has not sought leave to file an amended complaint despite the piecemeal and protracted fashion in which the motions to dismiss were filed. SO ORDERED by Judge Dora Lizette Irizarry on 03/03/11 (Irizarry, Dora).
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