Gonzalez v. J.P. Morgan Chase Bank. N.A. et al
| Felipe Gonzalez |
| J.P. Morgan Chase Bank. N.A., Federal National Mortgage Association, Rushmore Loan Management Services, LLC and Does 1 through 100 |
| 1:2016cv02611 |
| April 7, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| John G. Koeltl |
| Foreclosure |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
50
MEMORANDUM OPINION AND ORDER: For the foregoing reasons, the Clerk is directed to strike Dkts. 47-48. To the extent that the defendants' letter could be construed as a motion seeking to dismiss this action with prejudice, that motion is denied. The plaintiff's time to file a second amended complaint is extended to February 27, 2017. If the plaintiff fails to file a second amended complaint by that date, the action will be dismissed with prejudice. Any pleadings must comply with the Fed eral Rules of Civil Procedure, the Local Rules for the United States District Court for the Southern District of New York, and this Court's Orders. So long as the plaintiff is represented by counsel, any pleadings on behalf of the plaintiff will not be accepted unless they are filed with the Court by plaintiff's counsel. The parties are also reminded about the importance of considering a transfer of this action to the United States District Court for the Central District of California, where the property at issue is located. See id. at *12-13. The Clerk is directed to close all open motions. (As further set forth in this Order.) (Amended Pleadings due by 2/27/2017.) (Signed by Judge John G. Koeltl on 2/10/2017) (cf)
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Filing
46
MEMORANDUM OPINION AND ORDER re: 20 MOTION to Dismiss the Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6). filed by J.P. Morgan Chase Bank. N.A., Federal National Mortgage Association, 24 MOTION to Dismiss Plaintiff's Complaint. filed by Rushmore Loan Management Services, LLC, 34 MOTION for Extension of Time to Amend 19 Amended Complaint,. filed by Felipe Gonzalez. The Court has considered all of the arguments raised by the parties. To the extent not specifically addressed, the arguments are either moot or without merit. For the foregoing reasons, the defendants' motions to dismiss are granted. The claims for money damages for violations of the TILA, rescission und er the TILA, and specific performance are dismissed with prejudice. The claims for declaratory relief, constructive fraud, and slander of title are dismissed without prejudice. The plaintiff may file a second amended complaint by February 3, 2017. If the plaintiff fails to file a second amended complaint by that date, the action will be dismissed with prejudice. The Clerk is directed to close all pending motions. (As further set forth in this Order.) (Amended Pleadings due by 2/3/2017.), (Signed by Judge John G. Koeltl on 1/11/2017) (cf)
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