Harte v. Ocwen Financial Corp. et al
| Deborah C. Harte |
| Ocwen Financial Corp. and Ocwen Loan Servicing, LLC |
| 2:2013cv05410 |
| September 30, 2013 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| A. Kathleen Tomlinson |
| Leonard D. Wexler |
| Real Property: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| None |
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Filing
160
MEMORANDUM AND ORDER, For the foregoing reasons, the Court grants Defendant's Motion for Summary Judgment and dismisses Plaintiff's claims. The Clerk of Court is directed to close the case. Ordered by Judge Margo K. Brodie on 8/22/2019. (Piper, Francine)
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Filing
155
ORDER ADOPTING REPORT AND RECOMMENDATION: For the reasons discussed in the attached Memorandum and Order, the Court grants Defendants' motion for summary judgment as to Plaintiff's promissory estoppel claim, as well as Plaintiff's sec tion 349 claim based on a failure to provide pre-foreclosure notice. The Court reserves decision as to Defendants' motion for summary judgment as to Plaintiffs section 349 dual tracking claim, and Plaintiff's motion for class certification of this claim. Ordered by Judge Margo K. Brodie on 3/30/2018. (McKenzie, Lindsay)
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Filing
90
ORDER ADOPTING REPORT AND RECOMMENDATIONS. For the reasons set forth in the attached Memorandum and Order, having reviewed Plaintiff's objections to 83 Judge Reyes' March 11, 2016 report and recommendation, the Court adopts Judge Reyes' recommendation and grants Defendant's motion to dismiss Plaintiff's claim for breach of contract based on the notice provision of the mortgage. Ordered by Judge Margo K. Brodie on 7/1/2016. (Haji, Sara)
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Filing
87
ORDER ADOPTING REPORT AND RECOMMENDATIONS. For the reasons set forth in the attached Memorandum and Order, having reviewed the unopposed portions of 83 Judge Reyes' March 11, 2016 report and recommendation (the "R&R") and finding no clear error, the Court adopts Judge Reyes' unopposed recommendations. The Court (1) denies OLS' motion to dismiss Plaintiff's claims for promissory estoppel, (2) grants OLS' motion to dismiss Plaintiff's claims for breach o f an implied covenant of good faith, (3) grants OLS' motion to dismiss Plaintiff's claims for breach of the loan modification agreement, and (4) grants OFC's motion to dismiss Plaintiff's veil piercing theory indirect liability. For the reasons set forth above, the Court rejects OFC's objections to the R&R and denies OFC's motion to dismiss Plaintiff's agency theory of indirect liability. The Court reserves decision as to Plaintiff's objection to Judge Reyes' recommendation that the Court dismiss Plaintiff's breach of contract claims that are based on the mortgage. Ordered by Judge Margo K. Brodie on 3/31/2016. (Rolle, Drew)
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Filing
53
MEMORANDUM and ORDER granting in part and denying in part 29 Motion to Dismiss for Failure to State a Claim; granting 34 Motion to Dismiss for Failure to State a Claim. For the reasons set forth in the attached Memorandum and Order, Defendant Ocwen Loan Servicing, LLC's ("OLS") motion to dismiss is granted in part and denied in part; Defendant Ocwen Financial Corp's ("OFC") motion to dismiss is granted. All claims against OFC are dismissed without prejudice . Plaintiffs claims against OLS based on breach of contract, breach of implied contract, breach of the covenant of good faith and fair dealing, negligent misrepresentation, and New York General Business Law § 350 are also dismissed. Defendant s motions as to Plaintiffs claims against OLS based on promissory estoppel and New York General Business Law § 349 are denied. Plaintiff is granted thirty days to address the defects identified by the Court and to submit an amended complaint. The amended complaint, if any, shall be filed within 30 days of the date of this Memorandum and Order. Ordered by Judge Margo K. Brodie on 9/19/2014. (Ramos, Christopher)
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