Thomason v. One West Bank, FSB, Indy Mac Bank (MAG+)

Filing 113

JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Plf's 111 objections are overruled, except to the extent set forth in the opinion entered today; (2) Dfts' 109 & 110 objections are overruled with leave to r enew the arguments at the summary-judgment stage; (3) The US Magistrate Judge's 108 recommendation is adopted, with the exception set forth in the opinion entered today; (4) Dfts' 93 , 94 , and 99 motions to dismiss are granted in par t, without prejudice, and denied in part, as further set out in order; (5) Plf's 98 motion for leave to amend the complaint is denied without prejudice; (6) Dft Eva Bank's 104 motion to strike affidavit is granted to the extent it reque sts the court disregard the 102 -1 affidavit attached to plf's 102 response brief; (7) Plf's 105 motion for leave to file an affidavit and motion for summary judgment are denied without prejudice; DIRECTING the clerk to enter this docu ment on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is not closed, and is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 3/22/2017. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
STEVEN THOMASON,

)
)
)
)
)
)
)
)
)
)

Plaintiff,
v.
ONE WEST BANK, FSB,
et al.,
Defendants.

CIVIL ACTION NO.
2:12cv604-MHT
(WO)

JUDGMENT
In accordance with the memorandum opinion entered
today, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) Plaintiff's
overruled,

except

objections
to

the

(doc.

extent

set

no.

111)

forth

in

are
the

opinion entered today.
(2) Defendants’ objections (doc. nos. 109 & 110)
are overruled with leave to renew the arguments at the
summary-judgment stage.
(3) The
recommendation

United
(doc.

States
no.

108)

Magistrate
is

adopted,

Judge's
with

the

exception set forth in the opinion entered today.
(4) Defendants' motions to dismiss (doc. nos. 93,
94, & 99) are granted in part, without prejudice, and
denied in part, as follows:
(a) The motions to dismiss are denied as to
plaintiff’s

claims

pursuant

to

the

Real

Estate

Settlement Procedures Act, 12 U.S.C § 2601.
(b) The motions to dismiss are granted as to
plaintiff’s claims brought pursuant to the Equal Credit
Opportunity Act, 15 U.S.C. § 1691(a); the Fair Debt
Collection

Practices

Act,

15

U.S.C.

§

1692a;

the

Racketeer Influenced and Corrupt Organizations Act, 18
U.S.C. § 1962 and 18 U.S.C. § 1341; and the Alabama
Deceptive Trade Practices Act, 1975 Ala. Code §§ 8–19–1
et seq.
(c) The motions to dismiss are denied as to
plaintiff’s

claims

brought

pursuant

to

42

U.S.C.

§§ 1981 & 1982.
(d) The motions to dismiss are granted as to
plaintiff’s

claims

under

the
2

Fair

Housing

Act,

42

U.S.C. § 3605, with respect to the loan origination
proceedings.
(e)
plaintiff’s

The motions to dismiss are denied as to
claims

under

the

Fair

Housing

Act,

42

U.S.C. § 3605, with respect to any loan modification
proceedings occurring after March 3, 2013.
(5) Plaintiff’s

motion

for

leave

to

amend

the

complaint (doc. no. 98) is denied without prejudice.
(6) Defendant Eva Bank’s motion to strike affidavit
(doc. no. 104) is granted to the extent it requests the
court disregard the affidavit (doc. no. 102-1) attached
to plaintiff’s response brief (doc. no. 102).
(7)

Plaintiff’s

affidavit

and

motion

motion
for

for

summary

leave

to

judgment

file

an

(doc.

no.

105) are denied without prejudice.
The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

as

a

Federal

final
Rules

judgment
of

Civil

Procedure.
This case is not closed, and is referred back to
3

the magistrate judge for further proceedings.
DONE, this the 22nd day of March, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE