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16-262 - Collins et al v. BSI Financial Services et al


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16-262 - Collins et al v. BSI Financial Services et al
November 15, 2016
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MEMORANDUM OPINION AND ORDER: it is hereby ORDERED that the 19 Motion to Dismiss is GRANTED in part and DENIED in part, as follows: 1) The abandoned claims in Counts Eight and Fourteen are Dismissed with Prejudice; 2) Plfs' Negligence (Count One), Wantonness (Count Two), Unjust Enrichment (Count Three), Wrongful Foreclosure (Count Four), TILA (Count Ten), and RESPA (Count Eleven) claims are Dismissed with Prejudice; 3) Plfs' claims for Slander of Title (Count Five), Breach of Contract (Count Six), Fraudulent Misrepresentation (Count Seven), Defamation, Libel, Slander (Count Nine), FCRA (Count Twelve), and FDCPA (Count Thirteen) are Dismissed, with right to replead, as further set out in order; 4) Plfs are given until 11/30/2016 to file a Second Amended Complaint, to the extent they choose to do so, as further set out in order. Signed by Honorable Judge W. Harold Albritton, III on 11/15/2016. (Attachments: # (1) Civil Appeals Checklist) (wcl, )
March 17, 2017
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t Four) claims are Dismissed with Prejudice; The case will proceed only on Count One, Breach of Contract. Signed by Honorable Judge W. Harold Albritton, III on 3/17/2017. (Attachments: # (1) Civil Appeals Checklist) (wcl, )MEMORANDUM OPINION AND ORDER: it is hereby ORDERED that the Dfts' 46 Motion for Partial Dismissal is GRANTED; Plfs' Fraud (Count Two), Defamation, Libel, Slander (Count Three) and Violations of the Fair Debt Collection Practices Act (Coun