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17-574 - Yeager et al v. Ocwen Loan Servicing, LLC (JOINT ASSIGN)


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17-574 - Yeager et al v. Ocwen Loan Servicing, LLC (JOINT ASSIGN)
February 21, 2018
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MEMORANDUM OPINION AND ORDER: it is ORDERED that Dft Ocwen Loan Servicing, LLC's 12 Motion to Dismiss is GRANTED with respect to claims relating to the April 2013, September 2013, January 2014, and March 2014 letters under Count III; and GRANTED as to Count II, though the Yeagers are GRANTED leave to replead Count II; The Yeagers shall file an Amended Complaint in compliance with the directives in this order no later than 3/14/2018; otherwise Count II will be dismissed with prejudice; Ocwen's 12 Motion to Dismiss is DENIED with respect to all other claims; further ORDERED that the Yeagers' 16 Response is CONSTRUED as containing a Motion for Voluntary Dismissal of Count V under FRCP 41(a)(2) and that the motion is GRANTED; Accordingly, Count V is DISMISSED without prejudice. Signed by Chief Judge William Keith Watkins on 2/21/2018. (Attachments: # (1) Civil Appeals Checklist) (wcl, )