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15-1746 - McGee et al v. CitiMortgage Inc et al


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15-1746 - McGee et al v. CitiMortgage Inc et al
August 24, 2015
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Findings and Recommendations on Motions: The undersigned recommends that the Court dismiss Defendant Barrett Daffin as improperly joined. Defendant's 8 Motion to Dismiss for Failure to State a Claim should also be terminated as moot. The undersigned concludes that the removal of this action was proper because there is complete diversity between the properly-joined parties and the amount in controversy exceeds $75,000.00. Accordingly, the Court should deny Plaintiff's 14 MOTION to Remand to State Court and permit this action to proceed in federal court. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 8/24/2015) (mcrd)
September 16, 2015
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Findings and Recommendations on Motions: The Court should grant Defendants' 5 MOTION to Dismiss Plaintiff's Complaint and 9 Motion to Dismiss for Failure to State a Claim and dismiss Plaintiffs' claims against Defendants CitiMortgage, Inc., Government National Mortgage Association, and CTX Mortgage Company LLC with prejudice and deny Plaintiffs leave to amend their Petition. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 9/16/2015) (mcrd)
November 16, 2015
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Memorandum Opinion and Order accepts the Report in part and rejects the Report in part re 22 Findings and Recommendations. Accordingly, the court denies Plaintiffs Motion to Remand 14, filed June 22, 2015, and grants Defendant Barrett Daffin Frappier Turner & Engel, LLPs Motion to Dismiss for Failure to State a Claim 8. (Ordered by Judge Sam A Lindsay on 11/16/2015) (mem) (Modified on 11/17/2015 to correct order/file date)
November 16, 2015
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Order Accepting 23 Findings and Recommendations. The court grants 9 Dismiss for Failure to State a Claim filed by CTX Mortgage Company LLC, and grants 5 Motion to Dismiss filed by Government National Mortgage Association, CitiMortgage Inc. and dismisses Plaintiffs claims with prejudice. (Ordered by Judge Sam A Lindsay on 11/16/2015) (mem)
April 22, 2016
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Findings and Recommendations on Motion re: 30 Motion for Reconsideration filed by Harold Alvin McGee, Rosetta McGee. The Court should deny Plaintiffs Motion for Reconsideration 30 because it is not based on a clear error of law, an intervening change of law, or newly discovered evidence. (Ordered by Magistrate Judge David L Horan on 4/22/2016) (mem)
June 8, 2016
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ORDER: The court determines that the 34 findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Accordingly, the court overrules Plaintiffs' 35 objections and denies Plaintiffs' 30 Motion for Reconsideration. (Ordered by Judge Sam A Lindsay on 6/8/2016) (sss)