HAYES v. SELF-HELP CREDIT UNION et al
| ANNETTE M. HAYES |
| DOUGLAS ALLAN STUART, FIVE BROTHERS MORTGAGE COMPANY SERVICES AND SECURING INC., ROUNDPOINT MORTGAGE SERVICING CORPORATION and SELF-HELP CREDIT UNION |
| 1:2013cv00880 |
| October 2, 2013 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Durham |
| CATHERINE C. EAGLES |
| JOE L. WEBSTER |
| Other Civil Rights |
| 15 U.S.C. ยง 1692 |
| Plaintiff |
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Filing
51
MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 8/22/2014. ORDERED that: 1. The motion for judgment on the pleadings filed by SHCU and RoundPoint, (Doc. 38 ), is GRANTED as to the First, Second, Third, and Fifth causes of act ion and those claims are DISMISSED with prejudice as to the First and Second causes of action and otherwise without prejudice. 2. The motion for judgment on the pleadings filed by SHCU and RoundPoint, (Doc. 38 ), is DENIED as to the Fourth caus e of action. 3. The motion for judgment on the pleadings filed by Five Brothers, (Doc. 43 ), is DENIED as to the First, Second, Third, Fourth, and Fifth causes of action. 4. The motion for judgment on the pleadings filed by SHCU and RoundPoint, (Doc. 38 ), and the motion for judgment on the pleadings filed by Five Brothers, (Doc. 43 ), are DENIED as to the Sixth, Seventh, Twelfth, and Nineteenth causes of action and those claims may proceed. 5. The motion for judgment on the pl eadings filed by SHCU and RoundPoint, (Doc. 38 ), and the motion for judgment on the pleadings filed by Five Brothers, (Doc. 43 ), are GRANTED as to the Eighth, Ninth, Eleventh, and Eighteenth causes of action, and those claims are DISMISSED w ithout prejudice. 6. The motion for judgment on the pleadings filed by SHCU and RoundPoint, (Doc. 38 ), and the motion for judgment on the pleadings filed by Five Brothers, (Doc. 43), as to the Tenth cause of action are GRANTED with pre judice to the extent the claim is based on publication of a foreclosure notice and DENIED to the extent the claim is based on statements by defendant Mr. Stuart to Ms. Hayes's neighbors. 7. The motion for judgment on the pleadings filed by SHCU and RoundPoint, (Doc. 38 ), and the motion for judgment on the pleadings filed by Five Brothers, (Doc. 43 ), as to the Thirteenth cause of action are GRANTED without prejudice as to the negligent hiring aspect of the claim and DENIED as to the negligent supervision aspect of the claim. 8. The motion for judgment on the pleadings filed by SHCU and RoundPoint, (Doc. 38 ), and the motion for judgment on the pleadings filed by Five Brothers, (Doc. 43 ), as to the Fourteenth, Fift eenth, Sixteenth, and Seventeenth causes of action are: a. GRANTED with prejudice to the extent the claims are based on acts occurring before January 18, 2011; b. GRANTED with prejudice as to Five Brothers but DENIED as to SHCU and RoundPoi nt to the extent the claims are based on acts constituting wrongful foreclosure; and c. DENIED otherwise. re 38 MOTION to Dismiss Plaintiff's Complaint filed by SELF-HELP CREDIT UNION, ROUNDPOINT MORTGAGE SERVICING CORP., 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, in the alternative, Motion for Judgment on the Pleadings filed by FIVE BROTHERS MORTGAGE COMPANY SERVICES AND SECURING INC. (Butler, Carol)
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