HUA et al v. LEHMAN XS TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-7N, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE

Filing 26

ORDER THAT DEFENDANTS MOTION TO DISMISS IS GRANTED. COUNTS I,II AND VI ARE DISMISSED WITH PREJUDICE. COUNTS IV AND V ARE DISMISSED WITHOUT PREJUDICE TO THE PLAINTIFFS FILING AN AMENDED COMPLAINT ON OR BEFORE 10/10/17; ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/25/17. 9/25/17 ENTERED AND E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

TRACY HUA, et al.

CIVIL ACTION

v.

NO. 17-1457

LEHMAN XS TRUST MORTGAGE
PASS-THROUGH CERTIFICATES,
SERIES 2007-7N, U.S. BANK
NATIONAL ASSOCIATION, AS
TRUSTEE et al.

ORDER
AND NOW, this 25th day of September 2017, upon considering Defendants' Motion to
Dismiss (ECF Doc. No. 7), Plaintiffs response (ECF Doc. No. 19), Defendants' Reply (ECF
Doc. No. 20) and for reasons in the accompanying Memorandum, it is ORDERED Defendants'
Motion to dismiss (ECF Doc. No. 7) is GRANTED:
1.

Counts I, II, III and VI are dismissed with prejudice; and,

2.

Counts IV and V (breach of contract and racketeering) are dismissed without

prejudice to the Plaintiffs filing an amended complaint on or before October 10, 2017
addressing conduct after the 2014 state court judgment and not barred by res judicata consistent
with our accompanying Memorandum and Fed.R.Civ.P. 11.