DUNLAP et al v. CALIBER HOME LOANS, INC.

Filing 16

ORDER THAT DEFENDANT'S MOTION TO DISMISS (DOC. 3 ) IS GRANTED IN PART AND DENIED IN PART. DEFENDANT'S MOTION IS GRANTED AS IT RELATES TO COUNT II OF THE COMPLAINT. COUNT II OF PLAINTIFFS' COMPLAINT IS HEREBY DISMISSED WITH PREJUDICE. DEFENDANT'S MOTION IS DENIED AS IT RELATES TO COUNT I OF THE COMPLAINT. AN ORDER SCHEDULING THE PARTIES' RULE 16-CONFERENCE WITH THE COURT WILL ISSUE FORTHWITH. SIGNED BY HONORABLE C. DARNELL JONES, II ON 8/10/2017. 8/10/2017 ENTERED AND COPIES E-MAILED.(sg, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA GERALD D. DUNLAP, JR., et al., Plaintiffs, v. CALIBER HOME LOANS, INC., Defendant. : : : : : : : : : CIVIL ACTION NO. 16-5679 ORDER AND NOW, this 10th day of August, 2017, upon consideration of Defendant’s Motion to Dismiss (Dkt No. 3) and Plaintiffs’ Response thereto (Dkt No. 7), it is hereby ORDERED that Defendant’s Motion is GRANTED in part and DENIED in part. Defendant’s Motion is GRANTED as it relates to Count II of the Complaint. Count II of Plaintiffs’ Complaint is hereby DISMISSED with prejudice. Defendant’s Motion is DENIED as it relates to Count I of the Complaint. An Order scheduling the parties’ Rule 16 Conference with the Court will issue forthwith. BY THE COURT: /s/ C. Darnell Jones, II C. DARNELL JONES, II J.

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