ANDRESS et al v. NATIONSTAR MORTGAGE, LLC et al

Filing 27

ORDER THAT PART OF BOA'S MOTION TO DISMISS AS OUTLINED HEREIN IS GRANTED. COUNTS I-III AND V-VI OF PLAINTIFFS AMENDED COMPLAINT ARE DISMSISED WITH PREJUDICE. PARTS OF BOA'S MOTION TO DISMISS WHICH SEEKS DISMISSAL OF PLAINTIFFS CLAIMS UNDER THE REAL ESTATE SETTLEMENT PROCEDURES ACT IS GRNATED. COUNT IV OF PLAINTIFFS AMENDED COMPLAINT IS DISMISSED WITHOUT PREJUDICE TO PLAINTIFFS RIGHT TO FILE A SECOND AMENDED COMPLAINT WITHIN 20 DAYS OF THE ENTRY OF THIS ORDER IF WARRANTED BY THE FACTS AND APPLICABLE LAW. SIGNED BY HONORABLE JAN E. DUBOIS ON 9/30/2015. 10/1/2015 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KIMBERLY ANDRESS, and
GEORGE ANDRESS, Individually and as
H/W,
Plaintiffs,
v.

CIVIL ACTION

NO. 15-1779

NATIONSTAR MORTGAGE, LLC,
BANK OF AMERICA, N.A, and
JOHN DOES 1-10,
Defendants.
ORDER
AND NOW, this 30th day of September, 2015, upon consideration of the Motion of
Defendant Bank of America, N.A., (“BOA”) to Dismiss Plaintiff’s Amended Complaint
(“Motion to Dismiss”) (Document No. 16, filed July 30, 2015) and Plaintiffs’ Response in
Opposition to Co-Defendant, BANA’s Motion to Dismiss Plaintiffs’ First Amended Complaint
(Document No. 23, filed August 28, 2015), for the reasons set forth in the accompanying
Memorandum dated September 30, 2015, IT IS ORDERED as follows:
1.

That part of BOA’s Motion to Dismiss which seeks dismissal of plaintiffs’ claims

under the Fair Debt Collection Practices Act (“FDCPA”) (Count I), the Equal Credit Opportunity
Act (“ECOA”) (Count II), the Pennsylvania Fair Credit Extension Uniformity Act (“FCEUA”)
(Count III), the Pennsylvania Unfair Trade Practices and Consumer Protection Law (“UTPCPL”)
(Count V), and for loss of consortium (Count VI) is GRANTED. Counts I–III and V-VI of
plaintiffs’ Amended Complaint are DISMISSED WITH PREJUDICE.
2.

That part of BOA’s Motion to Dismiss which seeks dismissal of plaintiffs’ claims

under the Real Estate Settlement Procedures Act (“RESPA”) (Count IV) is GRANTED. Count
IV of plaintiff’s Amended Complaint is DISMISSED WITHOUT PREJUDICE to plaintiff’s

right to file a second amended complaint within twenty (20) days of the entry of this Order if
warranted by the facts and applicable law.

BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

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