ANDRESS et al v. NATIONSTAR MORTGAGE, LLC et al

Filing 38

ORDER THAT NATIONSTAR'S MOTION TO DISMISS IS DENIED IN PART AND GRANTED IN PART AS OUTLINED HEREIN. COUNTS II, III, AND V OF PLAINTIFFS' SECOND AMENDED COMPLAINT ARE DISMISSED WITHOUT PREJUDICE TO PLAINTIFF'S RIGHT TO FILE A THIRD 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 1/6/2016. 1/7/2016 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,
Defendant.
ORDER
AND NOW, this 6th day of January, 2016, upon consideration of defendant Nationstar
Mortgage, LLC’s (“Nationstar”) Motion to Dismiss Plaintiffs’ Second Amended Complaint
(Doc. No. 33, filed November 16, 2015) and plaintiffs’ Response in Opposition to Defendant
Nationstar’s Motion to Dismiss Plaintiffs’ Third [sic] Amended Complaint (Doc. No. 36, filed
December 16, 2015), for the reasons set forth in the accompanying Memorandum dated January
6, 2016, IT IS ORDERED as follows:
1.

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

claims under the Fair Debt Collection Practices Act (“FDCPA”) (Count I) is DENIED.
2.

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

claims for common law negligence (Count IV) and common law loss of consortium (Count VI)
is GRANTED. Counts IV and VI of plaintiffs’ Second Amended Complaint are DISMISSED
WITH PREJUDICE.
3.

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

claims under the Real Estate Settlement Procedures Act (“RESPA”) (Count II), the Pennsylvania
Unfair Trade Practices and Consumer Protection Law (“UTPCPL”) (Count III), and the Equal
Credit Opportunity Act (“ECOA”) (Count V) is GRANTED. Counts II, III, and V of plaintiffs’

Second Amended Complaint are DISMISSED WITHOUT PREJUDICE to plaintiffs’ right to
file a third 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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