Lanton et al v. Ocwen Loan Servicing LLC et al

Filing 71

DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART PLAINTIFFS RONALD LANTON, CYNTHIA LANTON AND BLUE OCEAN AMBULETTE, LLC'S MOTION FOR LEAVE TO WITHDRAW AND AMEND RESPONSES TO DEFENDANT EQUIFAX INFORMATION SERVICES LLC'S FIRST REQ UESTS FOR ADMISSION (DOC. # 57 ); PLAINTIFFS' REQUEST TO DEFER RULING PURSUANT TO RULE 56(d) (DOC. # 58 ) IS OVERRULED; EQUIFAX'S MOTION FOR SUMMARY JUDGMENT (DOC. # 51 ) IS SUSTAINED; JUDGMENT SHALL ULTIMATELY ENTER IN FAVOR OF EQUIFA X AND AGAINST PLAINTIFFS ON PLAINTIFFS' CLAIM TWO - CONCLUSIONFor the foregoing reasons, the Court SUSTAINS IN PART and OVERRULES IN PART Plaintiffs' Motion to Amend. Doc. #57. Cynthia's deemed-admitted responses to the Requests fo r Admission are ordered withdrawn and substituted with the responses already provided by Cynthia to Equifax; Ronald shall not be permitted to withdraw or amend his deemed-admitted responses. The Court SUSTAINS Equifax's Motion for Summary Judg ment, Doc. #51, and OVERRULES Plaintiff's Rule 56(d) request for additional time to complete discovery. Doc. #58. Plaintiffs' Claim Two is DISMISSED WITH PREJUDICE, and judgment shall ultimately in favor of Equifax and against Plaintiffs on that claim. Plaintiffs' Claim Six remains pending against Equifax. Signed by Judge Walter H. Rice on 4/17/2017. (srb)