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03-1380 - BUMPERS, et al v. COMMUNITY BANK, et al


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03-1380 - BUMPERS, et al v. COMMUNITY BANK, et al
October 9, 2006
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MEMORANDUM AND OPINION finding that, as of the November, 2003 date of the relevant complaint, no named class representative, member, objector, or any individual who opted out had a timely claim for TILA/HOEPA damages; Furthermore, the proposed TILA/HOEPA damages claims for rescission are not viable because such right is subject to the statute of repose; Accordingly, three (3) years after a loan closed, the right of an individual debtor expired; Such right cannot be revived by equitable tolling, relation back, or any other theory advanced by the objectors; Thus no claim for rescission is viable; A scheduling order for further proceedings shall be issued. Signed by Judge Gary L. Lancaster on 10/6/06.(map)
October 24, 2006
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ORDER setting Status Conference for 12/1/2006 at 10:00 AM in Courtroom 3A. Signed by Judge Gary L. Lancaster on 10/24/06. (map)
July 5, 2007
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ADVISORY OPINION finding proposed modified settlement as fair, reasonable and adequate under F.R.C.P. 23(e). Signed by retired Judge Donald E. Ziegler on 7/5/07. (map)
January 24, 2008
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MEMORANDUM ORDER granting 31 Motion to Reopen Case and 34 Motions for Remand and for Expedited Ruling; Clerk of Courts is directed forthwith to transfer this case to the United States District Court for the Eastern District of North Carolina for remand to the Superior Court of Wake County, North Carolina. Signed by Judge Gary L. Lancaster on 1/22/08. (map)