SIWONIKU et al v. FEDERAL NATIONAL MORTGAGE ASSOCIATION et al

Filing 24

ORDER THAT DEFENDANTS FEDERAL NATIONAL MORTGAGE ASSOCIATION AND SETERUS, INC.'S MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE IS GRANTED IN PART AND DENIED IN PART; ETC.. SIGNED BY HONORABLE C. DARNELL JONES, II ON 9/12/18. 9/13/18 ENTERED AND E-MAILED. (JL)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ABRAHAM A. SIWONIKU et al.
Plaintiffs,
v.
FEDERAL NATIONAL MORTGAGE
ASSOCIATION, et al.
Defendants.

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CIVIL ACTION
NO. 17-3949

ORDER
AND NOW, this 12th day of September, 2018, upon consideration of Plaintiffs’
Complaint (ECF No. 1), Defendants Federal National Mortgage Association and Seterus, Inc.’s
(“Moving Defendants”) Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6)
(ECF No. 16), and Plaintiffs’ Response in Opposition thereto (ECF No. 17), it is hereby
ORDERED as follows:
1. Moving Defendants’ Motion (ECF No. 16) is GRANTED in
part and DENIED in part.
2. Moving Defendants’ Motion is GRANTED as it relates to
Counts One through Six of Plaintiffs’ Complaint, and
DENIED as it relates to Plaintiffs’ requests for fees and
damages.
3. Plaintiffs are granted LEAVE TO AMEND the Complaint
within fourteen (14) days of the filing of this Order and the
accompanying Memorandum. Should Plaintiffs fail to so
amend, the Clerk of Court is directed to close this matter for
statistical and all purposes.

BY THE COURT:
/s/ C. Darnell Jones, II
C. DARNELL JONES, II

J.