Dawson v. Bank of New York Mellon et al
| Kristyn Dawson |
| Bank of America, N.A., Bank of New York Mellon and Ditech Financial, LLC |
| Bank of New York Mellon and Ditech Financial, LLC |
| Kristyn Dawson |
| 3:2016cv01427 |
| July 14, 2016 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Marco A. Hernandez |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1332 Diversity-Declaratory Judgment |
| Plaintiff |
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Filing
53
OPINION AND ORDER - BANA's motion to dismiss 48 is granted in part. As to Claim I: BANA's motion is granted with respect to Plaintiff's requests for declaratory relief on the grounds that AWL is not a valid legal entity; the M otion regarding MERS's status as the DOT's beneficiary is denied. As to Claim II, BANA's motion regarding Plaintiff's IIER claim is denied. As to Claim III, BANA's motion regarding Plaintiff's OUTPA claim is denied. As t o Claim IV, BANA's motion is granted on Plaintiff's claim for breach of the implied covenant of good faith and fair dealing and the claim is dismissed with prejudice. Plaintiff's request for leave to amend Claim IV is denied. Signed on 12/13/2016 by Judge Marco A. Hernandez. See 14-page Opinion and Order attached. (pg)
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Filing
16
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY PRELIMINARY INJUNCTION SHOULD NOT ISSUE: (Granting Motion for a Temporary Restraining Order 6 ). Defendants shall appear before this Court on July 27, 2016 at 9:00 a.m. and show cause, if any, why a preliminary should not be entered granting the same relief described in paragraphs 4, 5, and 6 during the pendency of this action. See 3-page temporary restraining order attached. Signed on 7/18/2016 by Judge Marco A. Hernandez. (mr)
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