MACK v. BEAR STEARNS RESIDENTIAL MORTGAGE CORPORATION et al
| YASMIN MACK |
| BEAR STEARNS RESIDENTIAL MORTGAGE CORPORATION, FORECLOSURE SOLUTIONS SPECIALIST, INC., LCMACK, LLC, DAVID MARKS, U.S. BANK N.A., EMC MORTGAGE CORP. and JOHN DOES 1-10 |
| 2:2009cv05370 |
| November 13, 2009 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Philadelphia |
| JAN E. DUBOIS |
| Plaintiff |
| 15 U.S.C. ยง 1601 Truth in Lending |
| Plaintiff |
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Filing
58
MEMORANDUM AND ORDER THAT THE MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM IS GRANTED WITH RESPECT TO PLAINTIFF'S CLAIM AGAINST THE EMC DEFENDANTS FOR VIOLATING THE PA. UNFAIR TRADE PRACTICES AND CONSUM ER PROTECTION LAW, 73 PA. CONS. STAT. SECTION 201-1 ET SEQ., AND THAT CLAIM IS DISMISSED. THE MOTION IS DENIED IN ALL OTHER RESPECTS. THE MOTION TO STRIKE PLAINTIFF'S "SUR-REPLY" PURSUANT TO LRCP 7.1(C) OF THE EDPA IS DENIED. PLAINTIFF 'S CROSS-MOTION NUNC PRO TUNC FOR LEAVE TO FILE SUR-REPLY TO EMC DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT IS GRANTED. DEFENDANT, REGINA J. BROWN'S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION IS DENIED. THE MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED IS DENIED. PLAINTIFF'S MOTION TO STRIKE DEFENDANT SAMUEL A. PRICE'S MOTION TO DISMISS IS DENIED AS MOOT. SIGNED BY HONORABLE JAN E. DUBOIS ON 11/30/10. 11/30/10 ENTERED AND COPIES MAILED, E-MAILED, MAILED UNREPS. (fdc)
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