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04-5317 - Goddard v. Citibank NA et al


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04-5317 - Goddard v. Citibank NA et al
March 27, 2006
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ORDER GRANTING in part and DENYING in part 14 Motion to Dismiss for Lack of Jurisdiction, GRANTING in part and DENYING in part 15 Motion to Dismiss for Failure to State a Claim. All of Plaintiff's claims except her state law claims for conversion and intentional infliction of emotional distress against Citibank, NA, Citicorp Mortgage Protection Plan, Family Guardian Life Insurance Copy, and Certilman Balin Adler & Hyman LLP are hereby dismissed. With respect to these remaining claims, Defendants' motion to dismiss is denied at this time. The Plaintiff is granted sixty (60) days from the date of the issuance of this Order to submit to the court an amended complaint that pleads with particularity her conversion and intentional infliction of emotional distress claims. The Defendants will have thirty (30) days from the date of the Plaintiff's submission, if any is made, to respond. Upon submissions by all parties, the court will reevaluate this claim. If the Plaintiff fails to submit an amended complaint in compliance with this order, her remaining claims will be dismissed. (c/m to Plaintiff.) Ordered by JudgeNicholas G. Garaufis on 3/27/06. (Garaufis, Nicholas)
April 7, 2008
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MEMORANDUM AND ORDER: More than two years have passed since the date of the 3/26/2006 M&O, and Plaintiff has not filed an Amended Complaint. Accordingly, for the reasons set forth in the 3/26/2006 M&O, the remainder of Plaintiff's claims are dismissed. The Clerk of Court is directed to close the case. Ordered by Judge Nicholas G. Garaufis on 4/4/2008. (c/m to pro se) (Lee, Tiffeny)