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12-3278 - Murphy et al v. HSBC Bank USA


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12-3278 - Murphy et al v. HSBC Bank USA
September 12, 2013
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OPINION AND ORDER granting in part and denying in part 3 Motion to Dismiss for Failure to State a Claim. Case is STAYED pending appeal of state court suit. (Signed by Judge Melinda Harmon) Parties notified.(rvazquez)
March 10, 2014
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MEMORANDUM AND RECOMMENDATIONS re denial of 20 MOTION for Rehearing of of the Court's Opinion and Order on Motion to Dismiss of 19 Order on Motion to Dismiss for Failure to State a Claim MOTION for Reconsideration Objections to M&R due by 3/24/2014(Signed by Magistrate Judge Frances H Stacy) Parties notified.(bwhite, 4)
April 23, 2014
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OPINION AND ORDER. The Court ORDERS that its Opinion and Order of September 12, 2013 (#19)is VACATED; Defendants motion to dismiss is DENIED; the Murphys objection that HSBC failed to abandon its 2008 acceleration of the note is sustained and their motion for summary judgment on limitations is GRANTED; and SBCs real property lien and a power of sale to enforce the real property lien is void. The stay is LIFTED and this case is DISMISSED with prejudice.(Signed by Judge Melinda Harmon) Parties notified.(rvazquez)
March 25, 2015
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OPINION AND ORDER granting 33 Motion for Reconsideration; vacating Opinion and Order 31 and Final Summary Judgment 32; lifting stay; referring case to United States Magistrate Judge to establish a new schedule.(Signed by Judge Melinda Harmon) Parties notified.(rhawkins)
January 30, 2017
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OPINION AND ORDER. HSBCs motion to strike 74 is MOOT; the Court OVERRULES Plaintiffs objection 48, ADOPTS Magistrate Judge Stacys memorandum andrecommendation 46) as its own, and GRANTS HSBCs motion for partial summary judgment (40; Plaintiffs related motion to continue to conduct discovery 42is DENIED; HSBCs second motion for partial summary judgment 65 is GRANTED; and Plaintiffs requests for a declaratory judgment and to quiet title are DENIED. Defendant's Counterclaims remain pending. (Signed by Judge Melinda Harmon) Parties notified. (rhawkins)