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16-5470 - BERNSTEIN v. KEAVENEY LEGAL GROUP et al


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16-5470 - BERNSTEIN v. KEAVENEY LEGAL GROUP et al
May 18, 2017
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MEMORANDUM AND OPINION. SIGNED BY HONORABLE JAN E. DUBOIS ON 5/17/17. 5/18/17 ENTERED & E-MAILED.(fdc)
May 18, 2017
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MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION TO DISMISS PURSUANT TO FRCP 12(B)(6) IS GRANTED IN PART AND DENIED IN PART, AS FOLLOWS: DEFENDANTS' MOTION TO DISMISS COUNT I IS DENIED AS TO DEFENDANT, KEAVENEY LEGAL GROUP, AND GRANTED AS TO THE INDIVIDUAL DEFENDANTS; DEFENDANTS' MOTION TO DISMISS COUNT II IS DENIED WITH RESPECT TO THE ALLEGED MISREPRESENTATION RELATING TO DEFENDANTS' SUBMISSION OF AN APPLICATION FOR PLAINTIFF'S LOAN MODIFICATION, AND GRANTED IN ALL OTHER RE18/17 ENTERED & E-MAILED.(fdc)SPECTS; DEFENDANTS' MOTION TO DISMISS COUNT III IS GRANTED; DEFENDANTS' MOTION TO DISMISS COUNT IV IS DENIED; DEFENDANTS' MOTION TO STRIKE PLAINTIFF'S DEMAND FOR PUNITIVE DAMAGES IS DENIED; DEFENDANTS' MOTION TO STRIKE PLAINTIFF'S DEMAND FOR ATTORNEY FEES UNDER COUNTS II AND IV IS GRANTED. THIS DECISION IS WITHOUT PREJUDICE TO PLAINTIFFS' RIGHT TO FILE AND SERVE A SECOND AMENDED COMPLAINT WITHIN TWENTY (20) DAYS OF THE ENTRY OF THIS ORDER IF WARRANTED BY THE FACTS AND THE APPLICABLE LAW SET FORTH IN THE ACCOMPANYING MEMORANDUM. IT IS FURTHER ORDERED THAT A PRELIMINARY PRETRIAL CONFERENCE WILL BE SCHEDULED IN DUE COURSE. DISCOVERY MAY PROCEED IN THE INTERIM. SIGNED BY HONORABLE JAN E. DUBOIS ON 5/17/17. 5/