Beavers v. New Penn Financial, LLC, et al.

Filing 45

ORDER DISMISSING CLAIMS 1, 3, 4 and 5 of the Second Amended Complaint and All Defendants Except New Penn Financial LLC, dba Shellpoint Mortgage Servicing and Federal Home Loan Mortgage Corporation with Prejudice re 44 , signed by Magistrate Judge Jennifer L. Thurston on 2/12/2018. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KENNETH G. BEAVERS,
Plaintiff,

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v.

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NEW PENN FINANCIAL LLC, dba
SHELLPOINT MORTAGE SERVICING;
RESURGENT CAPITAL SERVICES LP;
RESURGENT MORTGAGE SERVICING;
FEDERAL HOME LOAN MORTGAGE
CORPORATION; and DOES 1-50,

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Defendants.
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Case No.: 1:17-cv-00747 - JLT
ORDER DISMISSING CLAIMS 1, 3, 4 AND 5 OF
THE SECOND AMENDED COMPLAINT AND
ALL DEFENDANTS EXCEPT NEW PENN
FINANCIAL LLC, dba SHELLPOINT MORTAGE
SERVICING AND FEDERAL HOME LOAN
MORTGAGE CORPORATION WITH
PREJUDICE
(Doc. 44)

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On January 11, 2018, the Court granted the defendants’ motion to dismiss. (Doc. 41) The

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Court’s order provided Mr. Beavers either 30 days to file a third amended complaint or to notify the

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Court that he wished to proceed only the second claim raising a violation of the Privacy Act. Id. at 12-

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13. On February 9, 2018, Mr. Beavers filed a notification indicating that, due to a business crisis, elects

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not to file a third amended complaint. (Doc. 44) Likewise, he reports that he will attempt to hire a

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lawyer to prosecute this action on his behalf. Id. at 3. Therefore, the Court ORDERS:

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All claims in the second amended complaint are DISMISSED except for the second

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claim raising a violation of the Privacy Act. Consequently, all defendants except for New Penn

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Financial LLC, dba Shellpoint Mortgage Servicing and Federal Home Loan Mortgage Corporation are

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DISMISSED WITH PREJUDICE.

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IT IS SO ORDERED.
Dated:

February 12, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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