Walter v. Clarion Mortgage Capital, Inc.

Filing 85

ORDER denying 81 motion to dismiss case. Signed by District Judge Gary A. Fenner on 7/7/09. (Mitchell, Lisa)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION LELA WALTER, Plaintiff, vs. CLARION MORTGAGE CAPITAL, INC., et al., Defendants. ) ) ) ) ) ) ) ) ) )

Case No. 08-0536-CV-W-GAF

ORDER DENYING MOTION TO DISMISS Presently before the Court is Defendant Clarion Mortgage Capital, Inc.'s ("Clarion") Motion to Dismiss filed on July 2, 2009. (Doc. #81). Pursuant to this Court's Scheduling Order, the deadline for dispositive motions was January 15, 2009, and a jury trial is set to commence on July 27, 2009. (Doc. #26). Because Clarion's Motion is nearly six months overdue and the trial begins in just three weeks, it is ORDERED that Clarion's Motion is DENIED.1 s/ Gary A. Fenner Gary A. Fenner, Judge United States District Court DATED: July 7, 2009

After a cursory review of the merits of Clarion's arguments, the Court is not persuaded that the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. § 2601, et seq., does not apply to the issues in this case. However, the Court will consider Clarion's arguments if it chooses to pursue them in an appropriate motion filed during the course of the trial.

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