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17-1165 - Aguilar v. Ocwen Loan Servicing LLC et al


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17-1165 - Aguilar v. Ocwen Loan Servicing LLC et al
February 20, 2018
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MEMORANDUM OPINION AND ORDER: The Court thus DENIES IN PART Ocwen's 22 motion to dismiss and allows the plaintiffs' TCPA claims to proceed as pleadedsubject to the Court's finding below regarding Hickman's and Villalobos's TCPA claims. The Court also GRANTS IN PART Ocwen's motion and limits each plaintiff's Texas claims to conduct allegedly occurring in the two years proceeding the filing of his or her complaint. The plaintiffs' Texas claims are DISMISSED WITH PREJUDICE insofar as they depend on conduct that occurred outside of the applicable limitations periods. Second, the Court GRANTS IN PART Ocwen's motion and DISMISSES WITH PREJUDICE the plaintiffs' negligence and unreasonable debt-collection claims. As the tables show above, the Court DENIES IN PART Ocwen's motion to dismiss and allows Condarco's, Rodriguez's, Meis's, and Hickman's TDCA claims to proceed and GRANTS IN PART Ocwens motion and DISMISSES WITH PREJUDICE the rest of the plaintiffs' TDCA claims. Finally, the Court GRANTS IN PART Ocwen's motion and DISMISSES WITH PREJUDICE Hickman's and Villalobos's TCPA claims insofar as they depend on calls to their home phone numbers. (Ordered by Judge Jane J. Boyle on 2/20/2018) (sss)