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15-1779 - ANDRESS et al v. NATIONSTAR MORTGAGE, LLC et al


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15-1779 - ANDRESS et al v. NATIONSTAR MORTGAGE, LLC et al
September 30, 2015
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MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE JAN E. DUBOIS ON 9/30/2015. 10/1/2015 ENTERED AND COPIES E-MAILED.(sg, )
September 30, 2015
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ORDER THAT PART OF BOA'S MOTION TO DISMISS AS OUTLINED HEREIN IS GRANTED. COUNTS I-III AND V-VI OF PLAINTIFFS AMENDED COMPLAINT ARE DISMSISED WITH PREJUDICE. PARTS OF BOA'S MOTION TO DISMISS WHICH SEEKS DISMISSAL OF PLAINTIFFS CLAIMS UNDER THE REAL ESTATE SETTLEMENT PROCEDURES ACT IS GRNATED. COUNT IV OF PLAINTIFFS AMENDED COMPLAINT IS DISMISSED WITHOUT PREJUDICE TO PLAINTIFFS RIGHT TO FILE A SECOND AMENDED COMPLAINT WITHIN 20 DAYS OF THE ENTRY OF THIS ORDER IF WARRANTED BY THE FACTS AND APPLICABLE LAW. SIGNED BY HONORABLE JAN E. DUBOIS ON 9/30/2015. 10/1/2015 ENTERED AND COPIES E-MAILED.(sg, )
January 7, 2016
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MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE JAN E. DUBOIS ON 1/6/2016. 1/7/2016 ENTERED AND COPIES E-MAILED.(sg, )
January 7, 2016
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ORDER THAT NATIONSTAR'S MOTION TO DISMISS IS DENIED IN PART AND GRANTED IN PART AS OUTLINED HEREIN. COUN I IS DENIED, CUNTS IV AND VI OF PLAINTIFFS' SECOND AMENDED COMPLAINT ARE DISMISSED WITH PREJUDICE. COUNTS II, III, AND V OF PLAINTIFFS' SECOND AMENDED COMPLAINT ARE DISMISSED WITHOUT PREJUDICE TO PLAINTIFF'S RIGHT TO FILE A THIRD AMENDED COMPLAINT WITHIN 20 DAYS OF THE ENTRY OF THIS ORDER IF WARRANTED BY THE FACTS AND APPLICABLE LAW. SIGNED BY HONORABLE JAN E. DUBOIS ON 1/6/2016. 1/7/2016 ENTERED AND COPIES E-MAILED.(sg, ) Modified on 1/8/2016 (lisad, ).