Nguyen v. Specialized Loan Servicing LLC. et al
Hoa Van Nguyen |
Quality Loan Service Corporation of Washington, Specialized Loan Servicing LLC and The Bank of New York Mellon |
3:2018cv00655 |
April 18, 2018 |
US District Court for the District of Oregon |
Portland (3) Office |
Michael H. Simon |
Contract: Other Contract Actions |
28 U.S.C. ยง 1330 Breach of Contract |
None |
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Filing 32 ORDER - Plaintiff has not shown that he is likely to succeed on the merits of his claims. See Winter v. Nat. Res. Def. Council, 555 U.S. 7, 20 (2008) (A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest.). The Court therefore finds that it would be inappropria te to continue to maintain the preliminary injunction imposed by the state court. Defendants SLS and BNYM's Motion to Dismiss and to Dissolve the Preliminary Injunction ECF 26 and ECF 27 are GRANTED. Plaintiff's Amended Complaint (ECF 25 ) is dismissed with prejudice. Signed on 11/13/2018 by Judge Michael H. Simon. (mja) |
Filing 24 ORDER - Defendants SLS and BNYM's Motion to Dismiss and to Dissolve the Preliminary Injunction (ECF 14 ) is GRANTED in part and DENIED in part. Plaintiff's Complaint is dismissed against SLS and BNYM without prejudice. If Plaintiff believes he can cure the deficiencies noted in this Opinion and Order, he may file an amended complaint within 14 days from the date of this Opinion and Order. Defendants SLS and BNYM's Motion to Dissolve the Preliminary Injunction is denied without prejudice and with leave to renew, if appropriate, after Plaintiff timely files an amended complaint. Signed on 8/24/2018 by Judge Michael H. Simon. (mja) |
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