Pickering et al v. Bank of America Home Loans et al

Filing 69

ORDER granting Defendant Mortgage Electronic Registration System's 67 Motion to Dismiss Plaintiffs' Second Amended Complaint. Plaintiffs' claims against Mortgage Electronic Registration System are dismissed with prejudice, and without leave to amend. Signed by Judge Ricardo S Martinez. (PM) cc: plaintiffs via first class mail

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE

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STEPHANIE L. PICKERING and TERRY A.
O’KEEFE,
Plaintiffs,

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v.
BANK OF AMERICA HOME LOANS;
BANK OF AMERICA, N.A.; QUALITY
LOAN SERVICING CORP. WASHINGTON;
MORTGAGE ELECTRONIC
REGISTRATION SYSTEM (“MERS”); and
DOES 1-10, Inclusively,

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Case No. C15-1983 RSM
ORDER GRANTING DEFENDANT
MORTGAGE ELECTRONIC
REGISTRATION SYSTEM, INC.’S
MOTION TO DISMISS PLAINTIFFS’
SECOND AMENDED COMPLAINT
FOR VIOLATION OF REAL ESTATE
SETTLEMENT PROCEDURES ACT
(RESPA) 12 CFR 1024.41

Defendants.

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THIS MATTER having come before the Court upon the filing of Defendant Mortgage

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Electronic Registration Systems Inc.’s Motion to Dismiss Plaintiffs' Second Amended

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Complaint for Violation of Real Estate Settlement Procedures Act (RESPA) 12 CFR 1024.41

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(the “Motion”) pursuant to Federal Rule of Civil Procedure 12(b)(6); all parties having been

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given notice and an opportunity to respond; the Court having reviewed all pleadings filed by

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all parties relating to the Motion; and the Court having reviewed the records and files herein, it

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is hereby:

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ORDERED that Defendant Mortgage Electronic Registration Systems Inc.’s Motion is

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ORDER GRANTING DEFENDANT
MORTGAGE ELECTRONIC REGISTRATION
SYSTEM, INC.’S MOTION TO DISMISS
PLAINTIFFS’ SECOND AMENDED
COMPLAINT - 1

422 W. Riverside Avenue, Suite 1100
Spokane, Washington 99201-0300

Phone: [phone]
Fax: [phone]

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GRANTED; and it is
FURTHER ORDERED that the claims of Plaintiffs Stephanie Pickering and Terry A.
O’Keefe are dismissed in their entirety, with prejudice, and without leave to amend, as to
Defendant Mortgage Electronic Registration Systems Inc.

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DATED this 13th day of April 2018.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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Presented by:
WITHERSPOON ∙ KELLEY

s/Michael J. Kapaun
Michael J. Kapaun, WSBA # 36864
Attorneys for Defendant Mortgage Electronic
Registration Systems, Inc. (erroneously sued as
“Mortgage Electronic Registration Systems”)

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ORDER GRANTING DEFENDANT
MORTGAGE ELECTRONIC REGISTRATION
SYSTEM, INC.’S MOTION TO DISMISS
PLAINTIFFS’ SECOND AMENDED
COMPLAINT - 2

422 W. Riverside Avenue, Suite 1100
Spokane, Washington 99201-0300

Phone: [phone]
Fax: [phone]