Brooks et al v. BC Custom Construction, Inc. et al
| Bryan James Brooks and Jennifer Hatcher Brooks |
| BC Custom Construction, Inc., HOF II Vertical, LLC, Greg Kubicek, The Holt Group, Inc. and William C. Winkenbach |
| 3:2018cv00717 |
| April 23, 2018 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Youlee Yim You |
| Real Property: Other |
| 15 U.S.C. ยง 1640 Truth in Lending |
| Plaintiff |
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Filing
61
ORDER: The Court ADOPTS Magistrate Judge You's Findings and Recommendation (ECF 47 ) as its own Opinion and Order. Accordingly, the Court GRANTS in part and DENIES in part the Builder Defendants' Motion to Dismiss (ECF 26 ) and G RANTS in part and DENIES in part the Lender Defendants' Motion to Dismiss (ECF 28 ). The Court, therefore, DISMISSES Plaintiffs' Claim One in part without prejudice and with leave to amend as set out above. The Court also DISMISSES Plainti ffs' Claims Two and Four without prejudice and with leave to amend. The Court DISMISSES Plaintiffs' Claim Three with prejudice. The Court, however, declines to dismiss Plaintiffs' Claims Five through Seven, and resolves Plaintiffs' claims for declaratory and injunctive relief in the same manner as the underlying substantive claims. IT IS SO ORDERED. Signed on 8/1/2019 by Judge Marco A. Hernandez. (pvh)
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