Straker v. Deutsche Bank National Trust as Trustee et al

Filing 50

ORDER ADOPTING IN PART and REJECTING IN PART REPORT AND RECOMMENDATIONS (Doc. 43). IT IS HEREBY ORDERED that to the extent the amended complaint brings claims against Mortgage Electronic Registration Systems (MERS), it is DISMISSED. It is FURTHER O RDERED THAT the report and recommendation (Doc. 43), disposing of defendants motions to dismiss (Docs. 30, 33) is ADOPTED IN PART and REJECTED IN PART as follows: (1) The recommendation that the civil RICO claim be dismissed with prejudice is ADOPTED . (2) The recommendation that the plaintiffs motion to strike (Doc. 35) be denied is ADOPTED.(3) The recommendation that Counts I, III, IV, and V be dismissed with prejudice is REJECTED.(4) The recommendation that all RESPA claims at Count II be dism issed is REJECTED. Instead, the plaintiffs amended complaint (Doc. 27) is DISMISSED to the extent that it asserts a RESPA claim pursuant to 12 U.S.C. § 2605(a)-(b). The claim against Deutsche Bank under 12 U.S.C. § 2605(e) is DISMISSED.Signed by Honorable A. Richard Caputo on 2/3/11. (jam, )