Malifrando v. Real Time Resolutions, Inc. et al.

Filing 39

ORDER signed by District Judge Troy L. Nunley on 3/23/2017 ADOPTING 33 Findings and Recommendations in Full and GRANTING-IN-PART and DENYING-IN-PART 20 Motion to Dismiss. The Fraud and Misrepresentation claims are DISMISSED. Within 30 days of this order, Defendant Real Time is DIRECTED to file an answer to the RESPA claim as narrowly defined in the findings and recommendations. Defendant Long Beach Mortgage Company is DISMISSED. (Donati, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRANK MALIFRANDO,

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No. 2:16-cv-00223-TLN-GGH

Plaintiff,
v.

ORDER

REAL TIME RESOLUTIONS, INC., et
al.,
Defendants.

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Plaintiff is proceeding in this action in pro per. The matter was referred to a United States
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Magistrate Judge pursuant to Local Rule 302(c)(21).
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On November 29, 2016, the Magistrate Judge filed findings and recommendations which
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were served on all parties and contained notice to all parties that any objections to the findings
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and recommendations were to be filed within twenty days. (ECF No. 33.) Defendant Real Time
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Resolutions, Inc. has filed objections to the findings and recommendations. (ECF No. 34.)
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The Court has reviewed the file and finds the findings and recommendations to be
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supported by the record and by the Magistrate Judge's analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed November 29, 2016, (ECF No. 33) are
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adopted in full;
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2. Defendant Real Time Resolution Inc.’s motion to dismiss the first amended complaint,
filed September 6, 2016, (ECF No. 20) is granted in part and denied in part;

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3. The fraud and misrepresentation claims are dismissed;

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4. Within thirty days of this order, Defendant Real Time is directed to file an answer to

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the RESPA claim as narrowly defined in the finding and recommendations; and
5. Defendant Long Beach Mortgage Company is dismissed.

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Dated: March 23, 2017

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Troy L. Nunley
United States District Judge

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