MACK v. BEAR STEARNS RESIDENTIAL MORTGAGE CORPORATION et al

Filing 58

MEMORANDUM AND ORDER THAT THE MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM IS GRANTED WITH RESPECT TO PLAINTIFF'S CLAIM AGAINST THE EMC DEFENDANTS FOR VIOLATING THE PA. UNFAIR TRADE PRACTICES AND CONSUM ER PROTECTION LAW, 73 PA. CONS. STAT. SECTION 201-1 ET SEQ., AND THAT CLAIM IS DISMISSED. THE MOTION IS DENIED IN ALL OTHER RESPECTS. THE MOTION TO STRIKE PLAINTIFF'S "SUR-REPLY" PURSUANT TO LRCP 7.1(C) OF THE EDPA IS DENIED. PLAINTIFF 'S CROSS-MOTION NUNC PRO TUNC FOR LEAVE TO FILE SUR-REPLY TO EMC DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT IS GRANTED. DEFENDANT, REGINA J. BROWN'S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION IS DENIED. THE MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED IS DENIED. PLAINTIFF'S MOTION TO STRIKE DEFENDANT SAMUEL A. PRICE'S MOTION TO DISMISS IS DENIED AS MOOT. SIGNED BY HONORABLE JAN E. DUBOIS ON 11/30/10. 11/30/10 ENTERED AND COPIES MAILED, E-MAILED, MAILED UNREPS. (fdc)

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MACK v. BEAR STEARNS RESIDENTIAL MORTGAGE CORPORATION et al Doc. 58 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA _____________________________________ YASMIN MACK, Plaintiff, v. BEAR STEARNS RESIDENTIAL MORTGAGE CORPORATION, FORECLOSURE SOLUTION SPECIALISTS, INC., LCMACK, LLC, LISA WRIGHT, REBECCA GREEN, SAMUEL PRICE, DAVID MARKS, 1st CONTINENTAL MORTGAGE, U.S. BANK N.A., EMC MORTGAGE CORP., REGINA J. BROWN, JOHN DOES 1-10. Defendants. _____________________________________ : : : : : : : : : CIVIL ACTION NO. 09 - 5370 ORDER AND NOW, this 30th day of November, 2010, upon consideration of Motion to Dismiss Plaintiff's First Amended Complaint for Failure to State a Claim Pursuant to Fed. R.C.P. (12)(b)(6) (Document No. 25, filed August 17, 2010 by Bear Stearns Residential Mortgage Corporation, U.S. Bank N.A., as Trustee and EMC Mortgage Corporation (collectively, "the EMC Defendants")), Plaintiffs' (sic) Response to EMC Defendants' Motion to Dismiss Plaintiff's First Amended Complaint (Document No. 32, filed August 26, 2010), Reply of Bear Stearns Residential Mortgage Corp., U.S. Bank N.A. and EMC Mortgage Corp. to Plaintiff's Response in Opposition to Motion to Dismiss First Amended Complaint for Failure to State a Claim Under Fed.R.Civ.P. 12(b)(6) (Document No. 39, filed September 9, 2010), Plaintiff's SurReply to EMC Defendants' Reply to Response to Motion to Dismiss (Document No. 42, filed -1- Dockets.Justia.com September 13, 2010), Motion to Strike Plaintiff's "Sur-Reply" Pursuant to Local Rule 7.1(c) of the Eastern District of Pennsylvania (Document No. 46, filed September 29, 2010 by the EMC Defendants), Plaintiff's Response to EMC Defendants' Motion to Strike Plaintiff's Sur-Reply and Plaintiff's Cross-Motion Nunc Pro Tunc for Leave to File Sur-Reply to EMC Defendants' Motion to Dismiss Plaintiff's First Amended Complaint (Document No. 47, filed October 2, 2010), Defendant, Regina J. Brown's, Motion to Dismiss for Lack of Subject Matter Jurisdiction (Document No. 28, filed August 23, 2010), Plaintiffs' (sic) Response to Defendant Regina Brown's Motion to Dismiss Plaintiff's First Amended Complaint (Document No. 35, filed August 30, 2010), Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted (Document No. 43, filed September 13, 2010 by Samuel Price), Plaintiff's Motion to Strike Defendant Samuel A. Price's Motion to Dismiss (Document No. 44, filed September 13, 2010), and Plaintiff's Response to Defendant Samuel A. Price's Motion to Dismiss (Document No. 48, filed October 12, 2010), for the reasons set forth in the Memorandum dated November 30th, 2010, IT IS ORDERED as follows: 1. Motion to Dismiss Plaintiff's First Amended Complaint for Failure to State a Claim Pursuant to Fed. R.C.P. (12)(b)(6) (Document No. 25, filed August 17, 2010 by the EMC Defendants) is GRANTED with respect to plaintiff's claim against the EMC Defendants for violating the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 Pa. Cons. Stat. 201-1 et seq., and that claim is DISMISSED. The motion is DENIED in all other respects; 2. Motion to Strike Plaintiff's "Sur-Reply" Pursuant to Local Rule 7.1(c) of the Eastern District of Pennsylvania (Document No. 46, filed September 29, 2010 by the EMC Defendants) is DENIED; -2- 3. Plaintiff's Cross-Motion Nunc Pro Tunc for Leave to File Sur-Reply to EMC Defendants' Motion to Dismiss Plaintiff's First Amended Complaint (Document No. 47, filed October 2, 2010) is GRANTED; 4. Defendant, Regina J. Brown's, Motion to Dismiss for Lack of Subject Matter Jurisdiction (Document No. 28, filed August 23, 2010) is DENIED; 5. Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted (Document No. 43, filed September 13, 2010 by Samuel Price) is DENIED; 6. Plaintiff's Motion to Strike Defendant Samuel A. Price's Motion to Dismiss (Document No. 44, filed September 13, 2010) is DENIED AS MOOT. BY THE COURT: /s/ Hon. Jan E. DuBois JAN E. DUBOIS, J. -3-

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