Stewart v. Mortgage Electronic Registration Systems, Inc. et al
| Morse E. Stewart |
| Mortgage Electronic Registration Systems, Inc., U.S. Bank National Association and Northwest Trustee Services, Inc. |
| 3:2009cv00687 |
| June 17, 2009 |
| US District Court for the District of Oregon |
| Portland Office |
| Columbia |
| Paul Papak |
| None |
| 12 U.S.C. ยง 2605 Real Estate Settlement Procedures Act |
| None |
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The following documents for this case are available for you to view or download:
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Filing
42
ORDER: Adopting the Magistrate's Findings and Recommendation 39 : Defendant's Motion to Dismiss 31 is Granted. Signed on 3/19/10 by Judge Garr M. King. (gm)
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Filing
39
Findings & Recommendation: Defendants' Motion to Dismiss 31 should be granted because the second amended complaint fails to state a claim for which relief can be granted, pursuant to Rule 12(b)(6). Because plaintiff has already been gr anted leave to amend his complaint, the case should be dismissed with prejudice against Mortgage Electronic Registration Systems, Inc., U.S. Bank National Association, and Northwest Trustee Services, Inc. Because plaintiff failed to properly summon defendants Cornerstone Mortgage and BNC Mortgage, Inc., the entire case should be dismissed without prejudice and judgment should be entered accordingly. Signed on 2/9/10 by Magistrate Judge Paul Papak. (gm)
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Filing
28
ORDER: This court ADOPTS the Findings and Recommendation of Magistrate Judge Papak (# 21 ) dated October 6, 2009 in its entirety. IT IS HEREBY ORDERED that Defendants' Motion to Strike (# 26 ) is granted. Plaintiffs objecti ons for a similar case, Cv 09-688-PK were incorrectly filed in this case. Defendants' Motion to Dismiss (# 8 ) is granted. Plaintiff may file an amended complaint by December 2, 2009. If plaintiff has not filed an amended complaint by December 2, 2009, the case will be dismissed with prejudice. Signed on November 2nd, 2009 by Judge Garr M. King. (eo)
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Filing
21
Findings & Recommendation: Defendants' Motion to Dismiss 8 should be granted because the amended complaint fails to adequately plead jurisdiction, pursuant to Federal Rule of Civil Procedure 12(b)(1), and fails to state a claim for whi ch relief can be granted, pursuant to Rule I2(b)(6). Because plaintiff appears pro se, the court should grant Plaintiff leave to amend his amended complaint to cure the deficiencies set out above. After thirty days, if Plaintiff has not filed an appropriate amendment, this case should be dismissed with prejudice. Objections to the Findings and Recommendation are due by 10/20/2009. Signed on 10/6/09 by Magistrate Judge Paul Papak. (gm)
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