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Hua v. Lehman XS Trust Mortgage Pass-Through Certificates, 17-1457. (2017)

Court: District Court, E.D. Pennsylvania Number: infdco20170926d03 Visitors: 9
Filed: Sep. 25, 2017
Latest Update: Sep. 25, 2017
Summary: ORDER MARK A. KEARNEY , District Judge . AND NOW, this 25 th day of September 2017, upon considering Defendants' Motion to Dismiss (ECF Doc. No. 7), Plaintiffs response (ECF Doc. No. 19), Defendants' Reply (ECF Doc. No. 20) and for reasons in the accompanying Memorandum, it is ORDERED Defendants' Motion to dismiss (ECF Doc. No. 7) is GRANTED: 1. Counts I, II, III and VI are dismissed with prejudice; and, 2. Counts IV and V (breach of contract and racketeering) are dismissed withou
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ORDER

AND NOW, this 25th day of September 2017, upon considering Defendants' Motion to Dismiss (ECF Doc. No. 7), Plaintiffs response (ECF Doc. No. 19), Defendants' Reply (ECF Doc. No. 20) and for reasons in the accompanying Memorandum, it is ORDERED Defendants' Motion to dismiss (ECF Doc. No. 7) is GRANTED:

1. Counts I, II, III and VI are dismissed with prejudice; and,

2. Counts IV and V (breach of contract and racketeering) are dismissed without prejudice to the Plaintiffs filing an amended complaint on or before October 10, 2017 addressing conduct after the 2014 state court judgment and not barred by res judicata consistent with our accompanying Memorandum and Fed.R.Civ.P. 11.

Source:  Leagle

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