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15-10446 - Lane v. Bayview Loan Servicing LLC


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15-10446 - Lane v. Bayview Loan Servicing LLC
July 11, 2016
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MEMORANDUM Opinion and Order signed by the Honorable Edmond E. Chang on 7/11/2016: For the reasons stated in the Opinion, Defendant's motion to dismiss 11 is granted in part and denied in part. Lane does have standing to bring the Section 1692g claim. But only the October monthly mortgage statement, R. 1-4, can be the premise of the claim. The claim is dismissed in part insofar as it is based on the HAMP solicitation letter, R. 1-3. Bayview shall answer the complaint by 07/25/2016. Rule 26(a)(1) disclosures are due by 08/01/2016, and that is the same deadline for the parties to issue their first round of written discovery requests. At the 08/02/2016 status hearing, the Court will set the remainder of the discovery schedule. The Court also encourages the parties to engage in settlement negotiations, now that they know what part of the claim has survived the motion to dismiss. Emailed notice(Chang, Edmond)