Champion v. Bank of America, N.A. et al
| Robin Champion |
| MersCorp/Mers, Inc., Security Atlantic Mortgage Co., Inc., Bank of America, N.A. and Trustee Services of Carolina, LLC |
| 5:2013cv00272 |
| April 10, 2013 |
| US District Court for the Eastern District of North Carolina |
| Western Division Office |
| WAKE |
| W. Earl Britt |
| Contract: Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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Filing
33
JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED that the motion to dismiss is ALLOWED IN PART. The FDCPA claim against BANA and the RESPA claim against BANA, MERS, and MersCorp are DISMISSED WITH PREJUDICE. Plaintiff's claims against defendants S ecurity Atlantic Mortgage Co. Inc. and Trustee Services of Carolina, LLC are DISMISSED WITHOUT PREJUDICE based on plaintiff's failure to serve those defendants within 120 days of the filing of the complaint. Because the court has dismissed the f ederal claims and diversity jurisdiction does not exist, the court declines to exercise jurisdiction over plaintiff's remaining state law claims against BANA, MERS, and MersCorp. See 28 U.S.C. § 1367(c)(3). Those claims are DISMISSED WITHOUT PREJUDICE. The Clerk is DIRECTED to close this case. Signed by Julie A. Richards, Clerk of Court on 1/2/2014. (Marsh, K)
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