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07-4716 - HANSFORD v. BANK OF AMERICA et al


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07-4716 - HANSFORD v. BANK OF AMERICA et al
August 26, 2008
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MEMORANDUM AND OPINION GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS THE FIRST AMENDED COMPLAINT (DOCKET NOS. 54 AND 55). THE MOTION IS GRANTED AS TO THE FOLLOWING CLAIMS: COUNT I, COUNT III, COUNT VI, COUNT VII, COUNT IX, COUNT X, COUNT XI AND COUNT XII. THESE CLAIMS ARE DISMISSED. THE MOTION IS DENIED AS TO THE FOLLOWING CLAIMS: COUNT II, COUNT V AND COUNT VIII. IT IS FURTHER ORDERED THAT THE MOTION IS MOOT AS TO ANY CLAIMS FOR RESCISSION OF THE MORTGAGE, THE FAIR CREDIT EXTENSION UNIFORMITY ACT CLAIM (COUNT IV) AND THE SEPARATE CLAIM FOR PUNITIVE DAMAGES (COUNT XIII), AS PLAINTIFF HAS VOLUNTARILY WITHDRAWN THESE CLAIMS. IT IS FURTHER ORDERED THAT DEFENDANTS' ANSWER TO THE AMENDED COMPLAINT IS DUE WITHIN 20 DAYS OF THE DATE OF ENTRY OF THIS ORDER. SIGNED BY HONORABLE GENE E.K. PRATTER ON 08/22/2008. 08/26/2008 ENTERED AND COPIES E-MAILED.(rab)