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05-4275 - Blaize-Sampeur et al v. McDowell et al


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05-4275 - Blaize-Sampeur et al v. McDowell et al
October 18, 2006
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ORDER granting 34 Motion for Judgment on the Pleadings, granting 41 Motion to Dismiss, granting 48 Motion to Dismiss, granting 55 Motion to Dismiss. For the reasons set forth in the attached Memorandum and Order, defendant Moonis's and defendant FNBA's motions to dismiss are GRANTED and defendant Southern Star Mortgage Corp.'s and defendant Aurora Loan Services's motions for judgment on the pleadings are GRANTED. Because the pleading failures are, in part, potentially capable of being remedied, the complaint is dismissed as to defendants Aurora, FNBA, Southern Star, and Moonis, with leave to amend. Plaintiffs are to file any such amended pleading within thirty days, or the dismissal will be deemed to be with prejudice. See Attached Memorandum and Order. Ordered by JudgeJoseph F. Bianco on 10/18/06. (Bianco, Joseph)
June 29, 2007
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MEMORANDUM AND OPINION: For the reasons set forth in the attached Memorandum and Order, plaintiffs' claims against Southern Star, FNBA, Moonis and Aurora are dismissed without prejudice. The Clerk of the Court is directed to remove Southern Star, FNBA, Moonis and Aurora from the caption of this case. It is further ordered that plaintiffs explain to the Court their initial failure to serve defendants Maurice McDowell, Lost and Found Recovery, Inc., Home Mergers, LLC, Poui Land Services, LLC, Sofya Levy, Donnahue George, Carianne Johnson, and Chateau Properties with the summons and complaint within thirty days of the date of this Memorandum and Order. See Attached Memorandum and Order. Ordered by Judge Joseph F. Bianco on 6/29/07. (Bellis, Carly)
January 2, 2008
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MEMORANDUM AND ORDER: For the reasons set forth in the attached Memorandum and Order, the Court adopts the findings and recommendations contained in the Report and Recommendation of Magistrate Judge Lindsay dated December 12, 2007 and dismisses plaintiffs' complaint without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute. The Clerk of the Court is directed to close the case. SO ORDERED. Ordered by Judge Joseph F. Bianco on 1/2/08. (Altfest, Rachel)