Filed: Mar. 01, 2019
Latest Update: Mar. 01, 2019
Summary: [PROPOSED] ORDER GRANTING IN PART AND DENYING IN PART WELLS FARGO BANK, N.A. AND U.S. BANK NATIONAL ASSOCIATION'S MOTION TO DISMISS (ECF NO. 5 AND GRANTING WELLS FARGO BANK, N.A. AND U.S. BANK NATIONAL ASSOCIATION'S, REQUEST FOR JUDICIAL NOTICE (ECF NO. 6) MIRANDA M. DU , District Judge . Based upon review of the briefs, the Motion Hearing held on February 1, 2019 before the Honorable Miranda M. Du, the Minute Order entered by the Court on February 1, 2019 (ECF No. 45), and for the reaso
Summary: [PROPOSED] ORDER GRANTING IN PART AND DENYING IN PART WELLS FARGO BANK, N.A. AND U.S. BANK NATIONAL ASSOCIATION'S MOTION TO DISMISS (ECF NO. 5 AND GRANTING WELLS FARGO BANK, N.A. AND U.S. BANK NATIONAL ASSOCIATION'S, REQUEST FOR JUDICIAL NOTICE (ECF NO. 6) MIRANDA M. DU , District Judge . Based upon review of the briefs, the Motion Hearing held on February 1, 2019 before the Honorable Miranda M. Du, the Minute Order entered by the Court on February 1, 2019 (ECF No. 45), and for the reason..
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[PROPOSED] ORDER GRANTING IN PART AND DENYING IN PART WELLS FARGO BANK, N.A. AND U.S. BANK NATIONAL ASSOCIATION'S MOTION TO DISMISS (ECF NO. 5 AND GRANTING WELLS FARGO BANK, N.A. AND U.S. BANK NATIONAL ASSOCIATION'S, REQUEST FOR JUDICIAL NOTICE (ECF NO. 6)
MIRANDA M. DU, District Judge.
Based upon review of the briefs, the Motion Hearing held on February 1, 2019 before the Honorable Miranda M. Du, the Minute Order entered by the Court on February 1, 2019 (ECF No. 45), and for the reasons set forth on the record and good cause appearing,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Wells Fargo Bank, N.A. ("Wells Fargo") and U.S. Bank National Association's ("U.S. Bank") Request for Judicial Notice, filed July 26, 2018 (ECF No. 6) is granted.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Wells Fargo and U.S. Bank's Motion to Dismiss, filed July 28, 2018 (ECF No. 5) is granted in part and denied in part.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff Michael Hill's ("Plaintiff") First Cause of Action for Breach of Contract is dismissed without prejudice with leave to amend within 21 days of February 1, 2019.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff's Second Cause of Action for Breach of the Implied Covenant of Good Faith and Fair Dealing, and Fifth Cause of Action for Violation of NRS 107.540 are dismissed without prejudice with leave to amend within 21 days of February 1, 2019.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff's Third Cause of Action of Breach of Fiduciary Duty against Wells Fargo, Fourth Cause of Action for Violation of the Nevada Foreclosure Mediation Rules, Sixth Cause of Action for Negligence, Negligent Hiring, Retention, and Supervision, Seventh Cause of Action for Economic Duress, and Eighth Cause of Action for Declaratory Relief are dismissed with prejudice.
IT IS SO ORDERED.