Schonebaum et al v. Shellpont Mortgage Servicing et al

Filing 30

JUDGMENT by Clerk: in favor of Bank of New York Mellon, Mortgage Electronic Registration Systems, Inc., Shellpont Mortgage Servicing against Denise M. Schonebaum, Merle H. Schonebaum re: 29 Order Overruling Objections to and Adopting Recommendation of United States Magistrate Judge. By Clerk on 3/21/16. (kfinn)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-03093-REB-KLM
MERLE H. SCHONEBAUM, and
DENISE M. SCHONEBAUM,
Plaintiffs,
v.
SHELLPOINT MORTGAGE SERVICING,
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., and
BANK OF NEW YORK MELLON as Trustee for Countrywide ALT 2005-42CB Trust,
Defendants.

FINAL JUDGMENT

In accordance with the orders filed during the pendency of this case, and
pursuant to Fed. R. Civ. P. 58(a), the following Judgment is hereby entered.
Pursuant to the Order Overruling Objections to and Adopting
Recommendation of United States Magistrate Judge [#29] of Judge Robert E.
Blackburn entered on March 21, 2016, it is
ORDERED that all claims against defendants, Mortgage Electronic Registration
Systems, Inc., and Bank of New York Mellon, are dismissed without prejudice; it is
FURTHER ORDERED that plaintiff’s claims against defendant, Shellpoint
Mortgage Servicing, arising under (a) the Real Estate Settlement Procedures Act, 12
U.S.C. § 2601 et seq. (b) the Truth in Lending Act, 15 U.S.C. § 1601 et seq.; and (c) the
Fair Credit Reporting Act, 15 U.S.C. § 1681; it is
FURTHER ORDERED that the court declines to exercise supplemental
jurisdiction over plaintiff’s state law claims against defendant, Shellpoint Mortgage

Servicing, and those claims are dismissed without prejudice; it is
FURTHER ORDERED that judgment enters on behalf of defendants, Shellpoint
Mortgage Servicing; Mortgage Electronic Registration Systems, Inc.; and Bank of New
York Mellon, and against plaintiffs, Merle H. Schonebaum and Denise M. Schonebaum,
as follows: a. That judgment without prejudice shall enter as to all claims asserted
against defendants, Mortgage Electronic Registration Systems, Inc., and Bank of New
York Mellon; b. That judgment with prejudice shall enter on plaintiffs’ claims against
defendant, Shellpoint Mortgage Servicing arising under (a) the Real Estate Settlement
Procedures Act, 12 U.S.C. § 2601 et seq. (b) the Truth in Lending Act, 15 U.S.C. § 1601
et seq.; and (c) the Fair Credit Reporting Act, 15 U.S.C. § 1681; and c. That judgment
without prejudice shall enter as to plaintiffs’ state law claims against defendant,
Shellpoint Mortgage Servicing; it is
FURTHER ORDERED that defendants are awarded their costs, to be taxed by
the clerk of the court in the time and manner provided in Fed. R. Civ. P. 54(d)(1) and
D.C.COLO.LCivR 54.1.
Dated at Denver, Colorado this 21st day of March, 2016.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: s/

K. Finney
K. Finney
Deputy Clerk