Cutler v. U.S. Bank National Association
||U.S. Bank National Association
||June 15, 2018
||US District Court for the District of Oregon
||Portland (3) Office
||Youlee Yim You
|Nature of Suit:
||Real Property: Foreclosure
|Cause of Action:
||28:1332 Diversity-Petition for Removal
|Jury Demanded By:
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|January 9, 2019
ORDER: The Court ADOPTS IN PART Magistrate Judge You's Findings & Recommendation 18 , and therefore, Defendant's motion to dismiss 5 is granted in its entirety. The wrongful foreclosure claim is dismissed with prejudice and withou t leave to amend. The breach of contract claim (and all theories of recovery asserted as part of the breach of contract claim) and the declaratory relief to quiet title claim are dismissed without prejudice and with leave to amend. In any amended pl eading, Plaintiff is ordered to identify the particular theory of estoppel on which he relies and he should separate the claim for the breach of the implied duty of good faith and fair dealing from the breach of contract claim. Any amended complaint is due within fourteen (14) days of the date of this Order. Defendant's Request for Judicial Notice [5-1] is granted. IT IS SO ORDERED. Signed on 1/9/2019 by Judge Marco A. Hernandez. (pvh)
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