Barnes v. Chase Home Finance, LLC et al
| Timothy Barnes |
| Chase Bank USA, N.A., Chase Home Finance, LLC, IBM Lender Business Process Services, Inc. and John and Jane Does 1-10 |
| 3:2011cv00142 |
| February 4, 2011 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Paul Papak |
| Consumer Credit |
| 15 U.S.C. ยง 1601 Truth in Lending |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
226
OPINION & ORDER: Adopting the Magistrate's Findings and Recommendation 218 . Mr. Barnes's Motion for Summary Judgment 175 is Denied, and the Chase Defendants' Motion for Summary Judgment 193 and Fannie Mae's and LBPS's Motion for Summary Judgment 199 are Granted. Signed on 6/29/18 by Judge Michael W. Mosman. (gm)
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Filing
165
Judgment. Signed on 07/08/2013 by Judge Anna J. Brown. (bb)
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Filing
111
ORDER: The Court ADOPTS Magistrate Judge Papak's Findings and Recommendation 82 . The Court (1) DENIES as moot the Motion 63 for Extension of Time by Fannie Mae and LBPS; (2) GRANTS Plaintiffs Motion 69 for Leave to Amend and deems Plaintiffs proposed Second Amended Complaint 95 as properly filed; (3) DENIES as moot LBPSs Motion 73 to Strike or, in the Alternative, to Dismiss Plaintiffs First Amended Complaint 58 ; and (4) GRANTS in part and DENIES in part Fannie Maes Mot ion 77 to Dismiss or, in the Alternative, to Strike Plaintiffs Second Amended Complaint 95 only to the extent that this Court DISMISSES with prejudice Plaintiffs claim for rescission against all Defendants; and DENIES as moot the balance of Fanni e Maes Motion 77 . Thus, Plaintiffs claims in his Second Amended Complaint for declaratory judgment, injunctive relief, and damages related to Defendants alleged failure to give effect to Plaintiffs timely notice to rescind remain pending. Signed on 06/20/2012 by Judge Anna J. Brown. (bb)
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Filing
101
ORDER: The Court ADOPTS Magistrate Judge Papak's Findings and Recommendation 82 . Accordingly, the Court DENIES Defendant IBM Lender Business Process Services, Inc.s Motion 25 to Dismiss Plaintiff Timothy Barnes' statutory damages claims against it for failure to state a claim. The Court also concludes IBMs Request 91 for the Court to further clarify its Order 50 issued on October 18, 2011, is moot. Signed on 03/06/2012 by Judge Anna J. Brown. (bb)
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Filing
50
ORDER: The Court ADOPTS in part Magistrate Judge Papak's Findings and Recommendation 38 and GRANTS Defendant IBM's Motion 25 to Dismiss as to Plaintiff's claim for damages arising out of the loan-origination documents as ba rred by the applicable statute of limitations. The Court DECLINES to adopt the balance of the Findings and Recommendation. The Court DENIES Defendant IBM's Motion 25 to Dismiss to the extent that IBM contends the Court does not have subject-m atter jurisdiction over Plaintiff's claim for rescission. The Court also DENIES IBM's Motion 25 to Dismiss Plaintiff's remaining claims for failure to state a claim. This matter is returned to the Magistrate Judge for further proceedings. Signed on 10/18/2011 by Judge Anna J. Brown. See 35 page Order for full text. (bb)
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