Kaech v. Ocwen Loan Servicing LLC et al

Filing 68

ORDER GRANTING MOTION TO DISMISS EMOTIONAL DISTRESS CLAIMS, granting 62 Motion to Dismiss Emotional Distress Claims. Signed by Judge Stanley A Bastian. (LR, Case Administrator)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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9 VICTOR JAMES KAECH,
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Plaintiff,

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v.

No. 2:14-cv-00330-SAB

ORDER GRANTING MOTION

12 OCWEN LOAN SERVICING, LLC;

TO DISMISS EMOTIONAL

13 MORTGAGE ELECTRONIC

DISTRESS CLAIMS

14 REGISTRATION SYSTEMS, INC.;
15 U.S. BANK NATIONAL
16 ASSOCIATION, AS TRUSTEE
17 UNDER MORTGAGE POOLING
18 AND SERVICING AGREEMENT
19 DATED AS OF AUGUST 1, 2007
20 MASTR ASSET-BACKED
21 SECURTIES TRUST 2007 HE-2
22 MORTGAGE PASS-THROUGH
23 CERTIFICATES, SERIES 2007-HE2;
24 FIDELITY NATIONAL TITLE
25 INSURANCE COMPANY; and DOE
26 DEFENDANTS 1 through 20,
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Defendants.

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ORDER GRANTING MOTION TO DISMISS EMOTIONAL . . . ^ 1

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Before the Court is Plaintiff’s Motion to Dismiss Emotional Distress

2 Claims, ECF No. 62. No hearing was held, though the Court also considered
3 Defendant’s response to the motion and the related declarations.
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After discussing discovery issues in this case, the Court previously ordered

5 that Plaintiff either allow certain discovery related to Plaintiff’s medical care, or
6 dismiss claims where Plaintiff’s health could be an issue. Plaintiff elected to
7 dismiss such claims, and filed the current motion. Under Fed. R. Civ. P. 41(a)(2),
8 a plaintiff may voluntarily dismiss such claims. The Court hereby grants the
9 motion.
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Accordingly, IT IS HEREBY ORDERED:

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1. Plaintiff’s Motion to Dismiss Emotional Distress Claims, ECF No. 62, is

12 GRANTED.
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2. Any claim by Plaintiff for negligent or intentional infliction of emotional

14 distress are DISMISSED WITH PREJUDICE. Any claim for non-economic
15 damages, or any claim based on other causes of action with damages arising from
16 pain and suffering, including other kinds of emotional distress where medical
17 evidence would be presented, is DISMISSED WITH PREJUDICE.
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IT IS SO ORDERED. The District Court Executive is hereby directed to

19 file this Order and provide copies to counsel.
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DATED this 18th day of July, 2016.

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Stanley A. Bastian

United States District Judge

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ORDER GRANTING MOTION TO DISMISS EMOTIONAL . . . ^ 2