Noriega v. US Bank, National Association et al

Justia Dockets & Filings Second Circuit New York Eastern District Noriega v. US Bank, National Association et al

Noriega v. US Bank, National Association et al

Plaintiff:	Hector Noriega
Defendant:	America's Servicing Company and US Bank, National Association
Case Number:	2:2016cv01058
Filed:	March 4, 2016
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Arlene R. Lindsay
Presiding Judge:	Joanna Seybert
Nature of Suit:	Real Property: Other
Cause of Action:	28 U.S.C. § 1332 Diversity-Declaratory Judgement
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
July 25, 2017	Filing 21 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)

Date Filed

Document Text

July 25, 2017

Filing 21 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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Defendant: America's Servicing Company
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Defendant: US Bank, National Association
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Plaintiff: Hector Noriega
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