Neely v. RMS Residential Mortgage Solution, LLC et al
| Ozell Neely |
| 1-10 John and Jane Doe, Bank of Scotland, PLC, Duy Duong, FIS Foreclosure Solutions, First American Equity Loan Services, First American Financial Corporation, First American Title, Bethany Hood, LPS Default Solutions f/k/a FIS Foreclosure Solutions, Wei Li, Lloyds Banking Group, Mortgage Electronic Registration System, Inc., RMS Residential Mortgage Solution, LLC, Residential Mortgage Solution, LLC, David Sklar and Specialized Loan Servicing, LLC |
| 2:2012cv01523 |
| March 28, 2012 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joanna Seybert |
| A. Kathleen Tomlinson |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Account Receivable |
| Plaintiff |
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Filing
92
MEMORANDUM & ORDER granting 76 Motion for Summary Judgment; finding as moot 85 Motion for Leave to File; finding as moot 89 Motion to Compel; finding as moot 89 Motion for Return of Property; finding as moot 89 Motion for Entry of Judg ment under Rule 54(b); finding as moot 89 Motion for Writ; For the foregoing reasons, Defendant's motion for summary judgment (Docket Entry 76) is GRANTED and this case is DISMISSED WITH PREJUDICE. Neely's motion for leave to file a Sec ond Amended Complaint (Docket Entry 85) and Neely's motion for an order of attachment (Docket Entry 89) are both FOUND TO BE MOOT. The Clerk of the Court is directed to enter judgment in favor of RMS and mark this matter CLOSED. So Ordered by Judge Joanna Seybert on 10/20/2015. C/ECF (Valle, Christine)
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Filing
49
MEMORANDUM AND ORDER granting in part and denying in part 8 Motion to Dismiss; granting in part and denying in part 16 Motion to Dismiss for Lack of Jurisdiction; granting in part and denying in part 21 Motion to Dismiss for Lack of Jurisdic tion; granting in part and denying in part 35 Motion to Amend/Correct/Supplement. Defendants' motions to dismiss the Original Complaint are GRANTED IN PART and DENIED IN PART. They are GRANTED with respect to Claims #2 (negligence against RMS, MERS, Hood, and FIS), Claim #3 (breach of fiduciary duty against MERS, Hood, and FIS), and Claim #7 (fraud). They are DENIED with respect to Claim #1 (unjust enrichment against RMS) and Claim #4 (conversion against the RMS Defendants). Plaintiff has withdrawn Claims #5 and #6 for interstate transportation of stolen goods and conspiracy, respectively. Furthermore, Plaintiff's motion to amend the Complaint is GRANTED as to his claims for conversion and unjust enrichment against RMS, bu t otherwise DENIED. Accordingly, the PAC now replaces the Original Complaint and Plaintiff's claims for conversion and unjust enrichment against RMS survive. The Clerk of the Court is directed to docket the PAC (Docket Entry 35-3) as a separate docket entry titled "Amended Complaint" and to terminate all Defendants except for RMS Residential Mortgage Solution, LLC and Residential Mortgage Solution, LLC. Party Duy Duong, FIS Foreclosure Solutions, First American Equity Loan Serv ices, First American Financial Corporation, First American Title, Bethany Hood, LPS Default Solutions, Wei Li (In their Personal and Professional capacity), Lloyds Banking Group, Mortgage Electronic Registration System, Inc., David Sklar, Specia lized Loan Servicing, LLC, 1-10 John and Jane Doe (said names being fictitious it is the intentions of the plaintiff to designate any as yet unknown representatives of defendant's that were involved in the transaction of issue) and Bank of Scotland, PLC terminated. So Ordered by Judge Joanna Seybert on 2/26/13. C/ECF (Valle, Christine)
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