Hoover et al v. HSBC Mortgage Corporation (USA) et al
| David Mincel, Kimberly Hoover and James Hoover |
| American Security Insurance Company, HSBC Mortgage Corporation (USA), HSBC Bank USA, N.A. and Assurant, Inc. |
| 3:2013cv00149 |
| February 8, 2013 |
| US District Court for the Northern District of New York |
| Binghamton Office |
| Tioga |
| Mae A. D'Agostino |
| David E. Peebles |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| Plaintiff |
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Filing
85
MEMORANDUM-DECISION AND ORDER re 34 Motion to Dismiss for Failure to State a Claim; 34 Motion to Dismiss for Lack of Subject Matter Jurisdiction; and 35 Motion to Dismiss for Failure to State a Claim: The Court hereby ORDERS that Defendants� 39; motions to dismiss are GRANTED in part and DENIED inpart in accordance with this Memorandum-Decision and Order; and the Court further ORDERS that Plaintiff Mincel's breach of contract claim (Count 1) and all claims based upon a backdating th eory are DISMISSED without prejudice; and the Court further ORDERS that Plaintiffs' breach of fiduciary duty and aiding and abetting breach of fiduciary duty claims (Counts 3 and 4) are DISMISSED without prejudice; and the Court further ORDERS t hat Defendant Assurant's motion to dismiss for lack of subject matter jurisdiction is DENIED without prejudice to renew following jurisdictional discovery; and the Court further ORDERS that Defendants' motions to dismiss are DENIED in all o ther respects; and the Court further ORDERS that Plaintiffs are granted leave to file an amended complaint to address the matters discussed in this Memorandum-Decision and Order within 21 days, and any motions to dismiss Plaintiffs' amended comp laint shall be filed within 21 days of the filing of amended complaint; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 3/27/2014. (ban)
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