Clay v. Countrywide Home Loans
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|Date Filed||#||Document Text|
|January 28, 2009
ORDER that the court adopts the 50 Report and Recommendation and incorporates it herein by reference. Defendant's 21 Motion to Dismiss is granted; Plaintiff's 36 Motion for Summary Judgment is denied, and the case dismissed, with preju dice. Plaintiff's 3 Motion for Preliminary Injunction, 37 Motion to amend complaint are denied as moot. Plaintiff's 38 Motion to remove case from state court also is denied. As a home state defendant, Plaintiff is prohibited from removing the foreclosure action on the basis of diversityjurisdiction. See 28 U.S.C. § 1441(b). Signed by Honorable Margaret B Seymour on 1/28/09. (erav, )
|December 19, 2008
REPORT AND RECOMMENDATIONS of Magistrate Judge Bristow Marchant that the Defendant's MOTION to Dismiss 21 be granted, that the Plaintiff's Motion for Summary Judgment 36 be denied, and that this case be dismissed, with prejudice. Objections to R&R due by 1/9/2009. Signed by Magistrate Judge Bristow Marchant on 1/19/08. (rpol, )
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