CLARK et al v. EMC MORTGAGE CORPORATION
| ROBERT L. CLARK, JOANN CLARK and REGINA M. COUGHLIN |
| EMC MORTGAGE CORPORATION |
| 2:2008cv01409 |
| March 25, 2008 |
| US District Court for the Eastern District of Pennsylvania |
| Other Statutory Actions Office |
| Montgomery |
| CYNTHIA M. RUFE |
| None |
| Federal Question |
| 15:1692 Fair Debt Collection Act |
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Filing
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MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION TO DISMISS IN PART THE AMENDED COMPLAINT IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: THE MOTION IS GRANTED AS TO PLAINTIFFS' COMMON LAW FRAUD CLAIM UNDER COUNT II, AND THAT CLAIM IS DISMISS ED WITHOUT PREJUDICE. THE MOTION IS DENIED AS TO PLAINTIFFS' STATUTORY CLAIM ALSO BROUGHT IN COUNT II, AND THAT CLAIM REMAINS IN THIS ACTION. THE MOTION IS GRANTED AS TO COUNT III, AND THAT COUNT IS DISMISSED WITHOUT PREJUDICE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/29/09. 1/30/09 ENTERED AND COPIES E-MAILED.(ah)
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