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15-781 - Gregory et al v. Select Portfolio Servicing Inc et al

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15-781 - Gregory et al v. Select Portfolio Servicing Inc et al
August 31, 2016
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MEMORANDUM OPINION AND ORDER - Accordingly, Defendants motion to dismiss, (doc. 22), is GRANTED, and Counts I through V and VII through XIV of the Gregorys amended complaint are DISMISSED. Specifically, the abandoned claims in Counts III, VIII, IX, and XIV; the preempted state-law claims relating to the responsibilities of persons who furnish information to consumer reporting agencies; the negligence and wantonness claims in Counts I and II purportedly based on RESPA or the obligations arising from the mortgage contracts; the state-law wrongful foreclosure claim under Count IV; and the time-barred claims under Count X are DISMISSED WITH PREJUDICE. To the extent the Gregorys can re-plead the other claims consistent with this Order, those claims are DISMISSED WITHOUT PREJUDICE. The Gregorys have until September 14, 2016, to file a motion to amend with a proposed second amended complaint consistent with this Order. If the Gregorys do not file a motion to amend by that date (or have not otherwise sought to extend the deadline), the claims for which leave to amend was granted will be deemed abandoned and dismissed with prejudice. Signed by Magistrate Judge John H England, III on 8/31/2016. (KEK)