Kline et al v. Mortgage Electronic Security Systems et al
Filing 229
REPORT AND RECOMMENDATIONS - IT THEREFORE IS RECOMMENDED THAT: 1. Defendant Barclays Capital Real Estate Inc.s motion to dismiss (Doc. # 178 ) be GRANTED IN PART, as to Plaintiff Eugene Klines claims under the Truth in Lending Act and for breach of contract; and that those claims as set forth in the Second and Fifth Claims for Relief in Plaintiffs amended complaint (Doc. # 157 at 137-40, 162-76) be DISMISSED WITH PREJUDICE as against said Defendant only; 2. Defendant Barclays Capital Real Esta te Inc.s motion to dismiss (Doc. # 178 ) be DENIED WITHOUT PREJUDICE in all other respects; and, 3. This matter remain pending on the docket of this Court as to all remaining claims against all remaining Defendants, and proceed in accordance with the established schedule. Objections to R&R due by 3/7/2011. Signed by Magistrate Judge Sharon L Ovington on 02/18/11. (pb1)
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