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14-2556 - Trigueiro et al v. Bank of America, N.A. et al.,


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14-2556 - Trigueiro et al v. Bank of America, N.A. et al.,
August 19, 2015
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MEMORANDUM and ORDER signed by Chief Judge Morrison C. England, Jr. on 8/19/2015. Defendant BANA's 4 Motion to Dismiss is DENIED with respect to First, Second, Third and Sixth Causes of Action and GRANTED with leave to amend as to Fourth and Fifth Causes of Action. Defendants Nationstar's and National Association's 7 Motion to Dismiss is GRANTED with leave to amend. Plaintifff may file an Amended Complaint, should they chose to do so, no later than 20 days following date this Memorandum & Order is electronically filed. (Marciel, M)
May 20, 2016
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MEMORANDUM and ORDER signed by District Judge Morrison C. England, Jr. on 5/19/2016 ORDERING that the 26 Motion to Dismiss brought by BANA is GRANTED. The 25 Motion to Dismiss brought by the Nationstar Defendants is also GRANTED without leave to amend. Since both causes of action pled against Nationstar fail, this lawsuit is hereby dismissed as to Nationstar. The 26 Motion to Dismiss as to Defendant U.S. Bank is also GRANTED in the absence of any charging allegations against U.S. Bank in the FAC, with this lawsuit dismissed as to U.S. Bank. Since Plaintiffs have not attempted to state any claim for Wrongful Foreclosure in their FAC despite being afforded leave to do so, that cause of action is dismissed, with prejudice. (Zignago, K.)
February 27, 2017
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ORDER signed by District Judge Morrison C. England, Jr. on 2/27/2017 ORDERING pursuant to the Stipulation for Voluntary Dismissal filed on 2/24/2017, and good cause appearing, this case is hereby DISMISSED, with prejudice, each side to bear its own costs and attorneys' fees. The matter having now been concluded in its entirety, the Clerk of Court is directed to close the file. CASE CLOSED. (Jackson, T)