Cumia et al v. PHH Mortgage Corporation et al
| Patricia McMahon, Nancy Arroyo, Jennifer Cumia and John Roes 1-100 |
| PHH Mortgage Corporation, JPMorgan Chase Bank, N.A. and Popular Community Bank |
| 2:2013cv02335 |
| April 17, 2013 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joanna Seybert |
| A. Kathleen Tomlinson |
| Banks and Banking |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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Filing
60
MEMORANDUM & ORDER granting in part and denying in part 33 Motion to Dismiss for Failure to State a Claim; granting 33 Motion to Sever; granting 52 Motion to Amend/Correct/Supplement. For the foregoing reasons, PHH's motion to sever i s GRANTED and McMahon's claims are DISMISSED WITHOUT PREJUDICE to commencing a separate action. Moreover, PHH's motion to supplement is GRANTED. Finally, PHH's motion to dismiss is GRANTED IN PART and DENIED IN PART. It is DENIED as t o standing, but otherwise GRANTED. Arroyo's claims for breach of the covenant of good faith and fair dealing, violation of TILA, and violation of RESPA Sections 2603, 2604, and 2607 are DISMISSED WITH PREJUDICE. Arroyo's additional claims are DISMISSED WITHOUT PREJUDICE and with leave to replead. So Ordered by Judge Joanna Seybert on 5/19/2014. C/ECF (Valle, Christine)
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