Noall et al v. Howard Hanna Company dba Howard Hanna Real Estate Services et al
| Rita A Noall and Cindy L Miller |
| Howard Hanna Company and Home Security of America, Inc. |
| 1:2009cv02510 |
| October 26, 2009 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Donald C. Nugent |
| Plaintiff |
| 28 U.S.C. ยง 1331 (a) Fed. Question: Real Property |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
83
Memorandum Opinion and Order For all of the reasons set forth above, this Court hereby finds that Plaintiffs' Motion for Leave to File a First Amended Consolidated Class Action Complaint (ECF # 77 ) is DENIED, and that Defendants Motion for Judgment on the Pleadings as to the RESPA claim is GRANTED. (ECF # 80 ). The fraud claim is dismissed for lack of subject matter jurisdiction. This case is,therefore, dismissed with prejudice. The fraud claim may be re-filed in state court in so far as it is allowed by Ohio law. Signed by Judge Donald C. Nugent on 8/9/2012. (K,K)
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Filing
73
Memorandum Opinion and Order denying defendants' Motion to dismiss (Related Doc # 46 ). Judge Donald C. Nugent(C,KA)
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Filing
45
Memorandum Opinion and Order For the reasons set forth in the Order, this Court finds and certifies that its Order dated September 21, 2010, which held that Section 8(b) of the RESPA statute bans the imposition of unearned fees whether or not those fees are retained by a single entity or split amongst two or more entities, satisfies the criteria under 28 U.S.C. §1292(b) and should be considered for acceptance by the Sixth Circuit Court of Appeals on interlocutory appeal. Defendants 38 Motion to certify an interlocutory appeal is, therefore, GRANTED. This case is stayed pending a decision by the Sixth Circuit Court of Appeals. (Related Doc # 38) in case 1:09-cv-02510-DCNSigned by Judge Donald C. Nugent on 12/3/2010.Associated Cases: 1:09-cv-02510-DCN, 1:09-cv-02546-DCN(K,K)
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Filing
36
Memorandum Opinion and Order denying Motion to dismiss (Related Doc # 8 ). Judge Donald C. Nugent(C,KA)
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