Delgado et al v. Ocwen Loan Servicing, LLC et al
| Margarita Delgado and William Sheppard |
| Scott W. Anderson, Cross Country Home Services, Inc., Ronald M. Faris, Sandra Finn, Homesure Protection of California, Inc., Homesure Services, Inc., Homesure of America, Inc., Homesure of Virginia, Inc., Joseph Incandela, John Does 1-10, Ocwen Financial Corporation, Ocwen Loan Servicing, LLC and Ocwen Mortgage Servicing, Inc. |
| 1:2013cv04427 |
| August 6, 2013 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Nicholas G. Garaufis |
| Robert M. Levy |
| Racketeer/Corrupt Organization |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
359
MEMORANDUM & ORDER, Defendants' 324 Motion to Dismiss for Failure to State a Claim is GRANTED IN PART and DENIED IN PART. Plaintiffs' claims for violations of the Alabama Deceptive Trade Practices Act, the Georgia Fair Business Practic es Act, and the Tennessee Consumer Protection Act are DISMISSED WITHOUT PREJUDICE. Defendants' motion to dismiss Plaintiffs' claims under the Pennsylvania Unfair Trade Practices and Consumer Protection Law, the Arizona Consumer Fraud Act, t he Indiana Deceptive Consumer Sales Act, Plaintiffs' claim for unjust enrichment under the laws of Alabama, Arizona, Colorado, Georgia, Indiana, Maryland, Michigan, New Mexico, Ohio, Pennsylvania, Tennessee, Texas, Virginia, and Washington, and Plaintiff's breach of fiduciary duty claims under the laws of Alabama, Arizona, Georgia, Indiana, Michigan, New Jersey, New Mexico, Ohio, Virginia, and Washington is DENIED. So Ordered by Judge Nicholas G. Garaufis on 11/8/2017. (Lee, Tiffeny)
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Filing
136
MEMORANDUM & ORDER: For the reasons set forth above, the court DENIES Defendants' motions to strike Plaintiffs' notices of supplemental authority (Dkts . 117-1 & 127); DENIES WITHOUT PREJUDICE Cross Country's motion to stay and compel arbitration (Dkt. 94); and DENIES WITHOUT PREJUDICE Defendants' motion to dismiss (Dkt. 92). The case shall proceed to trial on the limit ed issue of whether the putative contracts identified in Cross Country's arbitration motion are void due to fraud in the factum. Should the trier of fact determine that the contracts are not void, Cross Country may renew its motion to stay and compel arbitration. So Ordered by Judge Nicholas G. Garaufis on 9/2/2016. (Lee, Tiffeny)
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Filing
42
MEMORANDUM & ORDER: Defendants' motions to dismiss are GRANTED in part andDENIED in part, see Order. The parties are directed to proceed to pretrial supervision before Magistrate Judge Robert M. Levy. So Ordered by Judge Nicholas G. Garaufis on 9/23/2014. (Lee, Tiffeny)
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