Nials et al v. Bank of America, N.A. et al
| Shamaine D. Nials and Matthew A. Nials |
| Bank of America, N.A., JPMorgan Chase Bank, N.A., Federal Deposit Insurance Corporation (FDIC), Mortgage Electronic Registrations Systems, Inc. (MERS), Federal National Mortgage Association (Fannie Mae) and John/Jane Doe 1-Infinity |
| 1:2013cv05720 |
| August 15, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Alison J. Nathan |
| Other Statutory Actions |
| 12 U.S.C. ยง 1819 Default of Promissory Note |
| None |
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| Document Text |
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Filing
52
ORDER. Before the Court is Judge Francis' report and recommendation ("R & R") recommending that the Court dismiss this action for failure to obey a pretrial order and for failure to prosecute, pursuant to Rule 16(f)(l) and Rule 41 (b) of the Federal Rules of Civil Procedure. Defendants having filed no objections to the R & R, and the Court finding no clear error therein, the Court adopts the R & R in its entirety. This case is therefore DISMISSED and the Clerk of Court is instructed to terminate the case. Re 51 Report and Recommendation. (Signed by Judge Alison J. Nathan on 6/4/2015) (rjm)
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Filing
32
ORDER granting 7 Motion to Dismiss; granting in part and denying in part 13 Motion to Dismiss; denying 22 Motion to Remand to State Court. The Plaintiffs' motion to remand is DENIED. The FDIC's motion to dismiss is GRANTED. Bank of Am erica's and the JP Morgan Defendant's motions to dismiss are GRANTED IN PART as to Plaintiffs' RICO, FCRA, TILA, and RESPA claims, and are DENIED IN PART as to Plaintiffs' state law claims, without prejudice to raise the arguments made in the motions to dismiss in the future following the Court's assessment of whether jurisdiction over Plaintiffs' state law claims is appropriate in this Court. This decision resolves docket numbers 7, 13, 20, and 22. (Signed by Judge Alison J. Nathan on 3/21/2014) (ajs)
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