Hall v. GreenPoint Mortgage Funding

Filing 13

MEMORANDUM DECISION AND ORDER granting 7 Motion to Dismiss. Plaintiff's Complaint is Dismissed With Prejudice and the lis pendens recorded by Plaintiff in connection with this action is Released. Signed by Judge Ted Stewart on 5/16/2011. (las)

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IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION JEFFERY HALL, an individual, Plaintiff, MEMORANDUM DECISION AND ORDER GRANTING DEFENDANT GREENPOINT MORTGAGE FUNDING INC.’S MOTION TO DISMISS AND RELEASE LIS PENDENS vs. GREENPOINT MORTGAGE FUNDING, INC., a New York corporation; DEER CREEK TITLE INSURANCE INC., a Utah corporation; and DOES 1-5, unknown parties in interest, Case No. 2:11-CV-255 TS Defendants. This matter is before the Court on a Motion to Dismiss and Release Lis Pendens filed by GreenPoint Mortgage Funding, Inc.1 Plaintiff has not responded to the Motion. 1 Defendant Deer Creek Title Insurance Inc. was dismissed from this case before it was removed to this Court. 1 Having reviewed the merits of the Motion, the Court finds that it is well-taken and will be granted. The claims presented in Plaintiff’s Complaint have been repeatedly rejected by this Court. The Court finds no reason here to depart from its prior holdings that these claims fail as a matter of law. Based on the above, it is hereby ORDERED that Defendant’s Motion to Dismiss and Release Lis Pendens (Docket No. 7) is GRANTED. Plaintiff’s Complaint is DISMISSED WITH PREJUDICE and the lis pendens recorded by Plaintiff in connection with this action is RELEASED. DATED May 16, 2011. BY THE COURT: _____________________________________ TED STEWART United States District Judge 2

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