Bravo v. Merscorp Inc. et al
||BAC Home Loans Servicing, LP, BAC Home Loans Servicing, LP, FKA Countrywide Home Loans Servicing, LP, Bank of America Corporation, Bank of America N.A., Merscorp Inc. and Mortgage Electonic Registration System, Inc.
||February 22, 2012
||US District Court for the Eastern District of New York
||Eric N. Vitaliano
|Nature of Suit:
||Other Statutory Actions
|Cause of Action:
||28:1331 Fed. Question
|Jury Demanded By:
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|September 10, 2013
MEMORANDUM AND ORDER, For the foregoing reasons, defendant's 34 Motion to Dismiss for Failure to State a Claim is granted in substantial part and denied in part. Only plaintiff's TILA claim as to MERS survives. All other remaining claims are dismissed with prejudice. Ordered by Judge Eric N. Vitaliano on 8/31/2013. Fwd. for jgt. (Layne, Monique)
|April 16, 2013
MEMORANDUM AND ORDER. Defendants' motion is denied as toplaintiff's TILA claim against BANA and BAC Home Loans. The motion is granted to the extent that plaintiff's RESPA, breach of contract, U.C.C., and fraud claims are dismissed with prejudice as to all defendants. Further, plaintiff's FDCPA and TILA claims are dismissed with prejudice as to MERSCORP and BOA. Plaintiff's FDCPA claim is dismissed without prejudice as to BANA, BAC Home Loans, and MERS, a nd his TILA claim is dismissed without prejudice as to MERS. With respect to all claims dismissed without prejudice, 30 days leave is granted from the entry of this order to replead those claims. To do so, plaintiff shall file an amended complaint containing all of his factual allegations, including any documents or other exhibits, in support of those FDCPA and TILA claim. The amended complaint shall be identified as the "Amended Complaint" and bear the same docket number as this Order. Ordered by Judge Eric N. Vitaliano on 4/9/2013. C/M. (Siegfried, Evan)
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