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15-3141 - Wolfbauer v. Ocwen Loan Servicing, LLC et al


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15-3141 - Wolfbauer v. Ocwen Loan Servicing, LLC et al
March 24, 2016
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MEMORANDUM AND ORDER - The Motion to Dismiss (Filing No. 12) submitted by Defendant Ocwen Loan Servicing, LLC, is granted in part as follows: Plaintiff James Wolfbauer's claims based on fraud, unfair or deceptive trade practices in violation of 15 U.S.C. § 45(a), deceptive trade practices in violation of Neb. Rev. Stat. § 87-302, and equitable estoppel, are dismissed, with prejudice. Plaintiff James Wolfbauer will be given leave to file an Amended Complaint on or before April 11, 2016, with respect to his claim under the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. § 2605(e). Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)