NEALS v. MORTGAGE GUARANTEE INSURANCE CORPORATION

Filing 38

MEMORANDUM ORDER granting in part and denying in part 16 Motion to Dismiss - motion is granted as to Counts II and III and as to claims asserted under 42 USC 3604(a) and 3605 in Count I of the amended complaint and denied in all other respects; denying 30 Motion for Oral Argument; and adopting 28 Report and Recommendation of Judge Mitchell as the opinion of the Court. Signed by Judge David S. Cercone on 5/18/11. (njt)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

CARLY F. NEALS, Individually and on
Behalf of All Others Similarly Situated,
Plaintiff,

v.
MORTGAGE GUARANTEE
INSURANCE CORPORATION,
Defendant.

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2:10cv1291
Electronic Mail
Judge Cercone
Magistrate Judge Mitchell

~EMORANDUM ORDER
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AND NOW, this

_1_& day of May, 2011, after the defendant filed a motion to dismiss
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the amended complaint, and after a Report and Recommendation of the United States Magistrate
Judge was issued, and the parties were accorded fourteen days in which to file written objections
thereto, and upon consideration of the objections filed by the parties, and their response to those
objections, as well as the defendant's request for oral argument on its objections, and after
independent review ofthe pleadings, and upon consideration of the Report and Recommendation
of the Magistrate Judge, which is adopted and incorporated as the opinion of this Court,
IT IS ORDERED that the defendant's motion to dismiss the amended complaint
(Document No. 16) is granted as to Counts II and III and as to claims asserted under 42 U.S.C.
§§ 3604(a) and 3605 in Count I, and denied in all other respects.
IT IS FURTHER ORDERED that the defendant's petition for oral argument on its
objections (Document No. 30) is denied.

David Stewart Cercone
United States District Judge

cc:

Adrian N. Roe, Esquire
Michael D. Simon, Esquire
Bruce E. Rende, Esquire
Erin J. Dolfi, Esquire
Jay N. Varon, Esquire
Michael C. Lueder, Esquire
(Via CMIECF Electronic Mail)

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