LEWIS et al v. LEHMAN BROTHERS BANK, F.S.B. et al
ORDER THAT DEFENDANTS MOTION TO DISMISS IS GRANTED. DEFENDANTS MOTION FOR LEAVE TO FILE A REPLY IS DENIED. DEFENDANTS CITIBANK, N.A.,CITIMORTGAGE, INC., WILMINGTON TRUST COMPANY AND MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ARE DISMISSED FROM THE CASE; ETC.. SIGNED BY HONORABLE STEWART DALZELL ON 8/31/16. 9/1/16 ENTERED AND E-MAILED, MAILED TO UNREP.(jl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RICHARD A. LEWIS and
TRINA M. LEWIS
CITIBANK, N.A., et al.
AND NOW, this 31st day of August, 2016, upon consideration of defendants
Citibank, N.A., CitiMortgage, Inc., Wilmington Trust Company, and Mortgage Electronic
Registration Systems, Inc.’s motion to dismiss (docket entry # 18), and plaintiffs’ response in
opposition thereto, and for the reasons set forth in the accompanying Memorandum, it is hereby
Defendants’ motion to dismiss is GRANTED;
Defendants’ motion for leave to file a reply (docket entry #21) is
Plaintiffs’ claims for quiet title, breach of contract, breach of good faith
and fair dealing, wrongful foreclosure, and slander of title are DISMISSED WITH PREJUDICE
with respect to all defendants for lack of subject matter jurisdiction;
Plaintiffs’ claims for fraud in the concealment, fraud in the inducement,
violation of the Real Estate Settlement Procedures Act, fraudulent misrepresentation, violation of
the Homeowner’s Equity Protection Act, negligent infliction of emotional distress, negligence,
and dual tracking are DISMISSED WITH PREJUDICE with respect to defendants Citibank,
N.A., CitiMortgage, Inc., Wilmington Trust Company, and Mortgage Electronic Registration
Defendants Citibank, N.A., CitiMortgage, Inc., Wilmington Trust
Company, and Mortgage Electronic Registration Systems, Inc. are DISMISSED from this case
and the Clerk of Court shall MARK these defendants as TERMINATED; and
Plaintiffs shall, by November 1, 2016, properly SERVE defendant
Prentice Hall Corporation System, Inc. pursuant to Fed. R. Civ. P. 4 or PROVIDE evidence that
they have indeed properly served defendant Prentice Hall Corporation System, Inc.
BY THE COURT:
_/s/ Stewart Dalzell, J.
Stewart Dalzell, J.
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