Fleshman et al v. Wells Fargo Bank NA
| Tiberiu Anton and Janet Fleshman |
| Wells Fargo Bank N.A. |
| 3:2013cv02062 |
| November 19, 2013 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Marco A. Hernandez |
| Contract: Other |
| 15 U.S.C. ยง 1681 Fair Credit Reporting Act |
| Plaintiff |
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Filing
54
OPINION & ORDER: Plaintiffs' motion to amend 38 is granted in part and denied in part. Plaintiffs shall file a Third Amended Complaint conforming to this Opinion within ten (10) days of the date of this Opinion. No further amendments ar e allowed. The Courtroom Deputy is directed to promptly set a telephone scheduling conference to adjust the case schedule. The current dates for the close of discovery, dispositive motions, pretrial conference, pretrial filings, and trial, are stricken. See 28-page opinion & order attached. Signed on 7/23/2015 by Judge Marco A. Hernandez. (mr)
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Filing
26
OPINION & ORDER: Plaintiffs' request for judicial notice 18 is granted. Defendant's motion to dismiss 14 is granted. Plaintiffs' negligence claim is dismissed with prejudice. For the reasons explained in this Opinion, amend ment of this claim would be futile. Plaintiffs' breach of express contract and breach of the implied duty of good faith and fair dealing claims, as well as their UTPA claim, are dismissed without prejudice. Plaintiffs are given leave to amend these claims consistent with this Opinion. Any such amendment is to be filed within fourteen (14) days of this Opinion & Order. See 25-page opinion & order attached. Signed on 6/17/2014 by Judge Marco A. Hernandez. (mr)
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