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16-1291 - VILKOFSKY v. RUSHMORE LOAN SERVICING, LLC et al


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16-1291 - VILKOFSKY v. RUSHMORE LOAN SERVICING, LLC et al
March 3, 2017
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MEMORANDUM OPINION indicating that, for the reasons stated within, Defendants' Motions to Dismiss (15 and 26) shall be granted, in part, and denied, in part. An appropriate Order follows. Signed by Judge Nora Barry Fischer on 3/3/17. (jg)
June 14, 2017
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MEMORANDUM OPINION indicating that, for reasons stated within, the Court finds that: (1) Plaintiff has adequately pled RESPA claims against Rushmore and SLS at Counts I and III of the Second Amended Complaint, but that said claims are dismissed to the extent that an accounting is sought as an equitable remedy; (2) Plaintiff cannot state a claim against Rushmore or SLS under the FDCPA at Counts II and IV, and same shall be dismissed; and (3) Plaintiff has failed to state a claim against USB at Count V pursuant to respondeat superior, and same shall be dismissed. In light of Plaintiffs attempts to establish the above claims in three separate complaints (Docket Nos. 1; 13; 57), in this Court's estimation, further attempts to amend Counts I and III with respect to equitable relief via an accounting, as well as all claims in Counts II, IV, and V, would be unsuccessful. Accordingly, same shall be denied with prejudice. See Phillips, 515 F. 3d at 245 46 (dismissal with prejudice is appropriate when leave to amend would be futile). An appropriate order follows. Signed by Judge Nora Barry Fischer on 6/14/17. (jg)