Cavaciuti et al v. Litton Loan Servicing, LP et al
George Dumont, Jonathan Grimes and Yvonne Williams |
OCWEN Loan Servicing, LLC |
1:2012cv02677 |
April 6, 2012 |
US District Court for the Southern District of New York |
Foley Square Office |
Putnam |
Edgardo Ramos |
Lisa Margaret Smith |
Other Contract |
28 U.S.C. ยง 1332 |
Plaintiff |
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Filing 99 OPINION AND ORDER. For the reasons set forth in this Opinion and Order, Defendants' motion to dismiss is GRANTED in part and DENIED in part. Specifically, the Plaintiffs' breach of contract claims survive the instant motion ("Count I&q uot;), along with Adili's CFA claim ("Count IV"). The DuMonts' claim against all Defendants for violations of the UTPCPL is dismissed with prejudice ("Count III"). The Clerk of the Court is respectfully directed to termi nate the motion, Doc. 95. The parties are further directed to appear before the Court for a conference on April 3, 2015 at 10:30 a.m. It is SO ORDERED. re: 95 MOTION to Dismiss Notice of Partial Motion to Dismiss by Defendants Ocwen Loan Servicing, LLC and Litton Loan Servicing LP filed by Litton Loan Servicing, LP, OCWEN Loan Servicing, LLC. (Signed by Judge Edgardo Ramos on 3/11/2015) (rjm) |
Filing 85 OPINION AND ORDER re: 66 MOTION to Dismiss Notice of Motion to Dismiss by Defendants Ocwen Loan Servicing, LLC and Litton Loan Servicing LP, filed by Litton Loan Servicing, LP, OCWEN Loan Servicing, LLC, 70 MOTION to Dismiss, filed by Gold man Sachs Group, Inc., 68 MOTION to Dismiss Notice of Motion to Dismiss by Defendant Ocwen Financial Corporation, filed by OCWEN Financial Corporation. For the reasons set forth above, Defendants Litton and OLS's motion to dismiss is G RANTED IN PART and DENIED IN PART. Defendant Goldman's motion to dismiss is GRANTED in its entirety. Defendant OFC's motion to dismiss is likewise GRANTED in its entirety. All dismissals are without prejudice, with the exception of those FD CPA claims that have been dismissed on statute-of-limitations grounds. The following claims survive the instant motions as set forth herein. The following claims are dismissed with prejudice as set forth herein. All remaining claims are dismissed wit hout prejudice as set forth herein. The Clerk of the Court is respectfully directed (1) to terminate Adili as a plaintiff in this case; (2) to terminate Litton Loan Servicing, LP, Ocwen Financial Corporation, and Goldman Sachs Group, Inc. as defendan ts in this case; and (3) to terminate the pending motions (Docs. 66, 68, 70). The remaining parties shall appear for a status conference on April 1, 2014 at 4:00 p.m., at which time the Court will set a pleading schedule. All pleading deadlines are adjourned until that date. It is SO ORDERED. (Status Conference set for 4/1/2014 at 04:00 PM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 3/3/2014) (ja) |
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