Yvette Weinstein, Chapter 7 Trustee of the Ariel Jaime Bankruptcy Estate v. Mortgage Capital Associates, Inc. et al
Filing 39
ORDER that Defendant BAC Home Loans Servicing, LPs Motion to Dismiss 12 is hereby GRANTED. Plaintiffs claims against Defendant BAC Home Loans Servicing, LP are hereby dismissed with prejudice. Defendant Mortgage Capital Associates, Inc.s Motion to Dismiss Plaintiffs Complaint 14 is hereby GRANTED. Plaintiffs claims against Defendant Mortgage Capital Associates, Inc. are dismissed without prejudice, except for Plaintiffs claims for unfair lending practices (count three) and tortious interfer ence (count nine) which are dismissed with prejudice. Plaintiffs Motion to Remand (Doc. #16) is hereby DENIED. Defendant EMC Mortgage Corporations Motion to Dismiss Plaintiffs Complaint 23 is hereby GRANTED. Plaintiffs claims against Defendant EMC Mortgage Corporation are hereby dismissed without prejudice, except for Plaintiffs claims for unfair lending practices (count three) and fraud (count five) which are dismissed with prejudice. Plaintiff shall file an amended complaint no later than February 17, 2011. Signed by Judge Philip M. Pro on 1/11/11. (Copies have been distributed pursuant to the NEF - ECS)
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