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16-184 - McCall v. Bank of America, N.A. et al

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16-184 - McCall v. Bank of America, N.A. et al
September 26, 2016
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MEMORANDUM OPINION AND ORDER: it is ORDERED as follows: 1) Plf's claims are DISMISSED without prejudice; 2) Pursuant to FRCP 15(a)(2), Plf is given leave to file a second amended complaint on or before 10/11/2016, as further set out in order; 3) Dfts' 23 & 24 motions to dismiss are DENIED without prejudice to reassert any arguments that may be relevant to the second amended complaint, as further set out in order. Signed by Chief Judge William Keith Watkins on 9/26/2016. (Attachments: # (1) Civil Appeals Checklist) (wcl, )
June 14, 2017
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MEMORANDUM OPINION AND ORDER: IT IS THEREFORE ORDERED AND ADJUDGED that the 33 & 34 Motions to Dismiss are granted in part and denied in part; They are denied with respect to Count 2 for breach of contract against BOA and Ditech; They are granted with respect to Counts 1, 3, 4, and 5; Plf's claims for fraud, fraudulent suppression, violation of the Fair Credit Reporting Act, and violation of the Fair Debt Collection Practices Act are dismissed with prejudice. Signed by Honorable Judge Keith Starrett on 6/14/2017. (Attachments: # (1) Civil Appeals Checklist) (wcl, )