James et al v. Ocwen Loan Servicing, LLC
| H. Anthony James and Olive P. James |
| Ocwen Loan Servicing, LLC |
| 1:2017cv00501 |
| July 1, 2017 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| HAMILTON |
| Stephanie K. Bowman |
| Susan J. Dlott |
| Other Statutory Actions |
| 15 U.S.C. ยง 1692 |
| Plaintiff |
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Filing
44
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 40 Report and Recommendations. The Court OVERRULES the Objections and AFFIRMS the Report and Recommendation. However, the Court clarifies that Plaintiffs cannot argue in subsequent proceedings that Defendant violated 15 U.S.C. § 1692d(5) because they did not expressly or impliedly state such a claim in the Complaint.. Signed by Judge Susan J. Dlott on 3/6/18. (wam)
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Filing
40
REPORT AND RECOMMENDATIONS re 29 MOTION for Summary Judgment filed by Defendant Ocwen Loan Servicing, LLC, 30 MOTION for Summary Judgment filed by Plaintiffs Olive P. James, H. Anthony James. IT IS RECOMMENDED that Defendant's motion f or summary judgment 29 be GRANTED IN PART and DENIED IN PART and that Plaintiffs' motion for summary judgment 30 be GRANTED IN PART and DENIED IN PART. Specifically, it is recommended that: (A) Defendant's motion for summary judgment [ 29] be granted as to 1) Plaintiffs' RESPA claim alleging misrepresentation in the 1/23/2015 letter under 12 C.F.R. § 1024.41(b)(1), 2) Plaintiffs' request for statutory damages under RESPA pursuant to 12 U.S.C. § 2605(f)(1)(B), 3) Plaintiffs' abandoned RESPA claims under 12 C.F.R. § 1024.38(a) and (b)(2) and 12 C.F.R. § 1024.41(c)(1)(i)-(ii), (c)(2)(iv), (d), (e), and (h), 4) Plaintiffs' abandoned FDCPA claims under 15 U.S.C. §§ 1692c(c) and 1692 f, and 5) Plaintiffs' abandoned request for a declaratory judgment; and be denied on all other grounds; (B) Plaintiffs' motion for summary judgment 30 be granted as to their FDCPA claim under 15 U.S.C. § 1692c(a)(2); and be denied on all other grounds. Objections to R&R due by 12/26/2017. Signed by Magistrate Judge Stephanie K. Bowman on 12/12/2017. (km)
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