Castro v. The Bank of New York Mellon et al
| Mario E. Castro |
| All co-defendants that are known and unknown, Alternative Loan Trust, Bank of America NA, Select Portfolio Servicing, Inc., Shellpoint Mortgage Servicing and The Bank of New York Mellon |
| 2:2017cv04375 |
| July 24, 2017 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Gary R. Brown |
| Joanna Seybert |
| Consumer Credit |
| 15 U.S.C. ยง 1601 Truth in Lending |
| Plaintiff |
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Filing
46
MEMORANDUM ORDER granting 32 Motion to Dismiss; For the foregoing reasons, Defendants' motion is GRANTED and all claims are DISMISSED WITH PREJUDICE. The Clerk of the Court is directed to enter judgment accordingly and mark this case CLOSED. The Clerk of the Court is further directed to mail a copy of this Memorandum and Order to the pro se Plaintiff. So Ordered by Judge Joanna Seybert on 7/22/2019. C/M; C/ECF (Valle, Christine)
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Filing
19
MEMORANDUM & ORDER granting in part and denying in part 13 Motion to Dismiss for Failure to State a Claim; For the foregoing reasons, Defendants' motion (Docket Entry 13) is GRANTED IN PART and DENIED IN PART. The RESPA claim against the B ank of New York Mellon and the Fourteenth Amendment claim against the Bank of New York Mellon and Shellpoint are DISMISSED WITH PREJUDICE. To the extent the Amended Complaint asserts claims under TILA or the UCC, those claims are also DISMISSED WITH PREJUDICE. However, because the Court GRANTS Plaintiff leave to amend his RESPA claim against Shellpoint and the FDCPA claims against the Bank of New York Mellon and Shellpoint, those claims are DISMISSED WITHOUT PREJUDICE. Any Second Amended Compla int shall be filed within thirty (30) days from the date of this Memorandum and Order, shall be titled Second Amended Complaint, and shall bear the same docket number as this Order, No. 17-CV-4375(JS)(GRB). If Plaintiff fails to file a Second Amend ed Complaint within thirty (30) days, this case will be dismissed with prejudice. The Clerk of the Court is directed to mail a copy of this Memorandum and Order to the pro se Plaintiff. So Ordered by Judge Joanna Seybert on 8/30/2018. C/M; C/ECF (Valle, Christine)
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