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15-3887 - Burt v. PHH Mortgage Corporation et al


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15-3887 - Burt v. PHH Mortgage Corporation et al
January 25, 2017
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MEMORANDUM & ORDER granting 56 Motion to Dismiss for Failure to State a Claim; granting 57 Motion to Dismiss for Failure to State a Claim; granting 76 Motion to Dismiss for Failure to State a Claim; terminating 80 Motion to Dismiss; terminating 81 Motion to Dismiss; terminating 82 Motion to Dismiss; For the foregoing reasons, Ricciardi's motion to dismiss (Docket Entry 56) is GRANTED, and Plaintiff's claims against Ricciardi are DISMISSED WITH PREJUDICE. Shapiro and PHH's motions to dismiss (Docket Entries 57, 76) are GRANTED, and Plaintiff's claims against Shapiro and PHH are DISMISSED WITHOUT PREJUDICE. Defendants' letter motions to dismiss (Docket Entries 80, 81, 82) are TERMINATED AS MOOT. Plaintiff is GRANTED leave to file a Second Amended Complaint to add allegations to support her claims under sections 1692c and 1692d against Shapiro and PHH within thirty (30) days of the date of this Memorandum and Order. Leave to amend is DENIED as to the section 1692g claim and the claim against Ricciardi. The Clerk of the Court is directed to mail a copy of this Order to the pro se Plaintiff. So Ordered by Judge Joanna Seybert on 1/25/2017. C/M; C/ECF (Valle, Christine)