Holmes v. Caliber Home Loans, Inc. et al
| William Holmes |
| Caliber Home Loans, Inc., Edward C. Klein, Cohn & Roth, Leslie A. Baum, Theodore Schroeder, James V. Brands, Larry Spangler and John/Jane Does |
| 7:2016cv03344 |
| May 5, 2016 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Dutchess |
| Kenneth M. Karas |
| Foreclosure |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
61
OPINION & ORDER re: 41 MOTION to Dismiss filed by Caliber Home Loans, Inc., 36 MOTION to Dismiss filed by New York State Unified Court System, James V. Brands, 45 FIRST MOTION to Dismiss for Lack of Jurisdic tion , failure to state a claim and no personal jurisdiction filed by Cohn & Roth. For the foregoing reasons, Moving Defendants' Motions are granted. The claims asserted against the State Defendants are dismissed with p rejudice, as the claims asserted against the New York State Unified Court System are barred by the Eleventh Amendment, and the claims asserted against Justice Brands are barred by the Eleventh Amendment, judicial immunity, and Rooker-Feldman. The claims asserted against Caliber Home, Klein, and Cohn & Roth are dismissed without prejudice. Plaintiff is given 30 days from the date of this Opinion & Order to file an amended pleading curing the deficiencies identified above. Failure to file an amended pleading within 30 days will result in the dismissal of this Action with prejudice. Within 60 days of filing an amended pleading, Plaintiff must effectuate service upon Caliber Home, Klein, Cohn & Roth, Spangler, and Sc hroeder, or Plaintiff risks the dismissal of this Action. The Clerk of Court is respectfully directed to terminate the pending Motions, (Dkt. Nos. 36, 41, 45), dismiss the New York State Unified Court System and Justice Brands from the case, and mail a copy of this Opinion & Order to Plaintiff. James V. Brands and New York State Unified Court System terminated. (Signed by Judge Kenneth M. Karas on 7/28/2017) (mro)
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