Noriega v. US Bank, National Association et al
||America's Servicing Company and US Bank, National Association
||March 4, 2016
||US District Court for the Eastern District of New York
||Central Islip Office
||Arlene R. Lindsay
|Nature of Suit:
||Real Property: Other
|Cause of Action:
||28:1332 Diversity-Declaratory Judgement
|Jury Demanded By:
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|July 25, 2017
MEMORANDUM & ORDER granting 18 Motion to Dismiss for Failure to State a Claim; For the foregoing reasons, Defendants' motion to dismiss (Docket Entry 18) is GRANTED. Plaintiff's claim for a declaratory judgment is DISMISSED WITHOUT PREJ UDICE for lack of subject matter jurisdiction. Plaintiff's TILA claim and RESPA Section 2607 claim are DISMISSED WITH PREJUDICE. Plaintiff's RESPA Section 2605 claims are DISMISSED WITHOUT PREJUDICE and with leave to replead. If Plaintiff w ishes to replead his RESPA Section 2605 claims only, he must do so within thirty (30) days of the date of this Memorandum and Order. If he fails to do so, these claims will be dismissed with prejudice. The Clerk of the Court is directed mail a copy of this Order to pro se Plaintiff. So Ordered by Judge Joanna Seybert on 7/25/2017. C/M; C/ECF (Valle, Christine)
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