DAVIS et al v. DEUTSCHE BANK NATIONAL TRUST COMPANY et al

Filing 14

ORDER THAT DEFENDANTS' MOTION (DKT. NO. 7) IS GRANTED AS TO COUNT IV OF THE COMPLAINT, WHICH IS DISMISSED WITH PREJUDICE. IT IS ORDERED THAT THE DEFENDANTS' MOTION IS GRANTED AS TO COUNTS I, II, III AND V OF THE COMPLAINT, WHICH ARE DISMISS ED WITHOUT PREJUDICE, AND PLAINTIFFS SHALL HAVE FOURTEEN (14) DAYS, OR UNTIL OCTOBER 3, 2017, TO FILE AN AMENDED COMPLAINT WITH RESPECT TO THOSE COUNTS. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 9/19/17. 9/19/17 ENTERED AND COPIES E-MAILED.(er, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
:
DENISE M. DAVIS and R. CRAIG DAVIS,
:
CIVIL ACTION
Plaintiffs,
:
:
v.
:
NO. 16-5382
:
DEUTSCHE BANK NATIONAL TRUST
:
COMPANY,
:
HOMEWARD RESIDENTIAL, INC. and
:
OCWEN LOAN SERVICING, LLC,
:
Defendants. :
__________________________________________:
ORDER
AND NOW, this

19th

day of September, 2017, upon consideration of

Defendants’ Motion to Dismiss the Complaint (Dkt. No. 7); the Plaintiffs’ Response in
Opposition (Dkt. No. 8); the Defendants’ Reply Brief (Dkt. No. 9); and for the reasons in the
foregoing Memorandum Opinion,
IT IS ORDERED that Defendants’ Motion (Dkt. No. 7) is GRANTED as to
Count IV of the Complaint, which is DISMISSED with prejudice.
IT IS ORDERED that the Defendants’ Motion is GRANTED as to Counts I, II,
III and V of the Complaint, which are DISMISSED without prejudice, and Plaintiffs shall have
fourteen (14) days, or until October 3, 2017, to file an Amended Complaint with respect to those
Counts.
BY THE COURT:

/s/ Henry S. Perkin
HENRY S. PERKIN
United States Magistrate Judge