WILLIAMS v. EMC MORTGAGE CORPORATION, INC. et al

Filing 50

ORDER THAT UPON CONSIDERATION OF MOTIONS TO DISMISS FILED BY EMC MORTGAGE CORPORATION, INC., KONDAUR CAPITAL CORPORATION, & JP MORGAN CHASE & CO., EACH DEFT'S MOTION IS GRANTED. PLFF'S CONTRACT CLAIM & UNJUST ENRICHMENT CLAIM IS DISMISSED WITHOUT PREJUDICE. PLFF MAY FILE AN AMENDED COMPLAINT TO RE-PLEAD THE CLAIM DISMISSED WITHOUT PREJUDICE WITHIN 30 DAYS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 5/3/13. 5/3/13 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MARSHALL WILLIAMS
v.
EMC MORTGAGE CORPORATION INC.;
et al.,

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CIVIL ACTION

NO. 12-1215

ORDER

AND NOW, this 3rd day of May, 2013, upon consideration
of the motions to dismiss filed by EMC Mortgage Corporation, Inc.
(Docket No. 17), Kondaur Capital Corporation (Docket No. 19), and
JP Morgan Chase & Co. (Docket No. 22), the opposition and replies
thereto, and after oral argument on April 16, 2013, IT IS HEREBY
ORDERED, for the reasons stated in a memorandum of law bearing
today’s date, that each defendant’s motion is GRANTED.

The plaintiff’s Truth in Lending Act, Fair Debt
Collection Practices Act, Fair Credit Reporting Act, fraud and
constructive fraud, Pennsylvania Unfair Trade Practices and
Consumer Protection Law, and corporate negligence claims are
dismissed with prejudice.

The plaintiff’s contract claim and unjust enrichment
claim is dismissed without prejudice. The plaintiff may file an

amended complaint to re-plead the claim dismissed without
prejudice within 30 days of the date of this order.

BY THE COURT:

/s/ Mary A. McLaughlin
MARY A. McLAUGHLIN, J.