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08-132 - Riley v. Nationscredit Financial Services Corporation et al(MAG+)


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08-132 - Riley v. Nationscredit Financial Services Corporation et al(MAG+)
August 26, 2008
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OPINION. Signed by Honorable Myron H. Thompson on 8/26/08. (djy, )
August 26, 2008
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JUDGMENT, in accordance with the 29 memorandum opinion, it is the ORDER, JUDGMENT and DECREE of the court as follows: (1) the 20 MOTION for Summary Judgment filed by Fairbanks Capital Corporation is GRANTED as to plf Rosemary C. Riley's state-law claims; (2) judgment is entered in favor of Fairbanks Capital Corporation (now known as Select Portfolio Servicing, Inc.) and against plf Riley on her state-law claims, with plf Riley taking nothing as to these claims; (3) the counterclaim filed by def Fairbanks Capital Corporation is still pending; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Myron H. Thompson on 8/26/08. (Attachments: # (1) civil appeals checklist)(djy, )
August 26, 2008
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OPINION. Signed by Honorable Myron H. Thompson on 8/26/08. (djy, )
August 26, 2008
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JUDGMENT, in accordance with the 32 memorandum opinion, it is the ORDER, JUDGMENT and DECREE of the court as follows: (1) the REPORT AND RECOMMENDATION of the Mag Judge is adopted as to plf Rosemary C. Riley's claims against def NationsCredit Financial Services Corporation; (2) plf Riley's claims against def NationsCredit Financial Services Corporation are dismissed without prejudice; (3) the Mag Judge's recommendation 25 is rejected as moot as to plf Riley's claims against def Fairbanks Capital Corporation (now known as Select Portfolio Servicing, Inc.); (4) the Mag Judge's recommendation 25 is rejected as to the counterclaim filed by def Fairbanks Capital Corporation against plf Riley; (5) the counterclaim filed by def Fairbanks Capital Corporation (now known as Select Portfolio Servicing, Inc.) against plf Riley remains and is referred back to the Magistrate Judge for further proceedings, as further set out in order; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Myron H. Thompson on 8/26/08. (Attachments: # (1) civil appeals checklist)(djy, )
September 10, 2008
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JUDGMENT it is the Order, Judgment, and Decree of the court that the counterclaim filed by dft Fairbanks Capital Corp (now known as Select Portfolio Servicing, Inc.) against plaintiff Rosemary C. Riley, which is the only remaining claim in this litigation, is dismissed without prejudice, with costs taxed as paid; This case is now over and can be closed; The clerk of the court is directed to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Honorable Myron H. Thompson on 9/10/08. (Attachments: # (1) appeals checklists)(vma, )