Midouin v. Downey Savings and Loan Association, F.A. et al
| Georgette Midouin |
| Downey Savings and Loan Association, F.A., U.S. Bank and John & Jane Doe 1-10 |
| 1:2009cv04140 |
| September 25, 2009 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Kings |
| Kiyo A. Matsumoto |
| James Orenstein |
| Plaintiff |
| 15 U.S.C. ยง 1601 Truth in Lending |
| Plaintiff |
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Filing
24
ORDER granting in part and denying in part 19 Motion to Dismiss. For the reasons set forth in the attached Memorandum and Order, (i) defendants' motion to dismiss plaintiff's claim for rescission pursuant to 15 U.S.C. § 1635 is den ied; (ii) defendants' motion to dismiss plaintiff's claim for damages pursuant to 15 U.S.C. § 1640 for failure to honor plaintiffs request for rescission is denied; (iii) defendants' motion to dismiss plaintiffs additional claims for damages pursuant to 15 U.S.C. § 1640 is granted; (iv) defendants' motion to dismiss plaintiff's claims for damages pursuant to 12 U.S.C. §§ 2605(e)(2) and (e)(2)(A) is denied; (iv) defendants' motion to dismiss plain tiff's claim for damages pursuant to 12 U.S.C. § 2605(e)(3) is granted, with leave for plaintiff to amend within 30 days of this Order; and (v) defendants' motion to dismiss plaintiff's claim for damages pursuant to New York General Business Law § 349 is granted. Ordered by Judge Kiyo A. Matsumoto on 9/28/2011. (Winterkorn, Margaret)
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