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08-1462 - Smith et al v. Encore Credit Corporation et al


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08-1462 - Smith et al v. Encore Credit Corporation et al
December 9, 2008
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Memorandum of Opinion and Order granting in part Motions to dismiss (Related Doc #s 1114)1619). The Court grants the pending Motions with respect to Counts I through IV and dismisses those claims with prejudice for reasons set forth in Section III. The Court dismisses without prejudice Counts V through XI for the reason articulated in Section IV. The Court also notes that, if the federal claims were not dismissed, the Court would be unable to grant the Smiths request to enjoin the foreclosure sale of their home as ordered by the state court by the federal Anti-Injunction Act. Judge Dan Aaron Polster on 12/9/08. (P,R)