Thomason v. One West Bank, FSB, Indy Mac Bank (MAG+)
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
ONE WEST BANK, FSB,
CIVIL ACTION NO.
In accordance with the memorandum opinion entered
today, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
opinion entered today.
(2) Defendants’ objections (doc. nos. 109 & 110)
are overruled with leave to renew the arguments at 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
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
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
(c) The motions to dismiss are denied as to
§§ 1981 & 1982.
(d) The motions to dismiss are granted as to
U.S.C. § 3605, with respect to the loan origination
The motions to dismiss are denied as to
U.S.C. § 3605, with respect to any loan modification
proceedings occurring after March 3, 2013.
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).
105) are denied without prejudice.
The clerk of the court is DIRECTED to enter this
This case is not closed, and is referred back to
the magistrate judge for further proceedings.
DONE, this the 22nd day of March, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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