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14-1704 - Turner v. Nationstar Mortgage LLC et al


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14-1704 - Turner v. Nationstar Mortgage LLC et al
October 30, 2014
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Plaintiff has failed to allege any specific facts sufficient to support his asserted causes of action. Accordingly, the BDFTE Defendants'6 Motion to Dismiss for Failure to State a Claim should be granted; Plaintiff's claims in his complaint based on show methe note and split the not theories and an action for replevin should be dismissed with prejudice; Plaintiff's claims in his complaint for FDCPA violations, RESPA violations, and wrongful foreclosure and his request for injunctive relief should be dismissed without prejudice; and the Court should grant Plaintiff 21 days from the date of any order adopting these Findings in which to file an amended complaint as to those claims that should be dismissed without prejudice and should order that, if Plaintiff fails to do so, the case will be dismissed with prejudice without further notice. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 10/30/2014) (mcrd)
February 11, 2015
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Order Accepting 20 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The court dismisses with prejudice Plaintiff's claims based on "show me the note" and "split the note" theories and his claim for replevin. As Plaintiff has already filed an amended pleading, there is no need to wait 21 days from the date of this order, as the Report originally recommended. The court accepts Plaintiff's 27 Amended Complaint to the extent it complies with the magistrate judge's recommendation and this order. Plaintiff's 27 Amended Complaint asserts claims for FDCPA violations; RESPA violations; and replevin. The court accepts this Amended Complaint as to the claims for FDCPA and RESPA violations. The court strikes that portion of Plaintiff's Amended Complaint that raises a claim for replevin, as the court previously dismissed this claim with prejudice. (Ordered by Judge Sam A Lindsay on 2/11/2015) (twd)
May 13, 2015
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Findings and Recommendations on Case: The Court should grant 30 Motion to Dismiss for Failure to State a Claim and 43 Motion to Dismiss for Failure to State a Claim. Plaintiff's claims against Defendants for violations of the Fair Debt Collection Practices Act under 15 U.S.C. § 1692g, for violations of the Real Estate Settlement Procedures Act, and to set aside or vacate the sale should be dismissed with prejudice. Plaintiff's claims against Defendants for violations of the Fair Debt Collection Practices Act under 15 U.S.C. § 1692e should be dismissed without prejudice. The Court should grant Plaintiff 14 days from the date of any order adopting these Findings in which to file anamended complaint to reallege his claims for violations of the Fair Debt Collection Practices Act under 15 U.S.C. §§ 1692e(4) and (5) and should order that, if Plaintiff fails to do so, the case will be dismissed with prejudice without further notice. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 5/13/2015) (mcrd)
August 4, 2015
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ORDER: The court determines that the 65 findings and conclusions are correct, accepts in part and rejects in part the Report. The court rejects the Report to the extent it relates to MERS as a nonmoving defendant. Plaintiff has not served MERS, and, therefore, the court lacks personal jurisdiction over it. Plaintiff may serve MERS no later than 8/21/2015. The court accepts the remaining recommendations in the Report. Accordingly, the court grants Nationstar's Rule 12(b)(6) Motion, and dismisses with prejudice Plaintiff's claims against Nationstar for violations of the FDCPA under § 1692(g), violations of the RESPA, and his request to set aside or vacate the sale. The court additionally dismisses without prejudice Plaintiff's claims against Nationstar for violations of the FDCPA under § 1692(e). The court will allow plaintiff 14 days to file an amended complaint to replead his claims for violations of the FDCPA under 15 U.S.C. § 1692(e)(4)-(5). Plaintiff may file his amended complaint no later than 8/18/2015. In light of Plaintiff's and the BDFTE Defendants' Joint Status Report, the court additionally denies as moot the BDFTE Defendants' Motion to Dismiss Plaintiff's Amended Complaint. The court will dismiss the BDFTE Defendants by separate order. The court also denies Plaintiff's Request for Leave to Amend under Rule 60 (Doc. 82). (Ordered by Judge Sam A Lindsay on 8/4/2015) (axm)
November 13, 2015
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should grant 94 MOTION to Dismiss Motion to Dismiss Second Amended Complaint and Brief in Support and dismiss with prejudice all of Plaintiff's claims in both the original and consolidated lawsuits. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 11/13/2015) (mcrd)
January 25, 2016
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Order Accepting 100 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. The court overrules Plaintiff's objections; and grants Defendant Nationstar Mortgage LLC's 94 Motion to Dismiss Second Amended Complaint. (Ordered by Judge Sam A Lindsay on 1/25/2016) (twd)