Sinclair v. Secretary, Department of Housing and Urban Development et al, No. 1:2011cv00010 - Document 45 (S.D. Ohio 2011)

Court Description: OPINION AND ORDER granting 24 Government Defendant's Motion to Dismiss in lead Sinclair case, which necessarily resolves, in like fashion, the motion to dismiss homeowners' cross-claim filed before consolidation and left pending in the re lated Evans case (doc. 29 in 1:11-cv-00079). With respect to the motion to dismiss filed by the Lender Defendants in the lead Sinclair case 22 , the Court GRANTS their motion to dismiss as to the first (denial of due process) and the fifth (inflict ion of emotional distress) claims for relief but DENIES their motion to dismiss as to the second (breach of contract), the third (breach of fiduciary duty and the fourth (breach of covenant of good faith and fair dealing claims). These rulings neces sarily resolve, in like fashion, the motion to dismiss the homeowners' counterclaims filed before consolidation left pending in the related Evans case (doc. 5 in 1:11-cv-00079). Signed by Judge S Arthur Spiegel on 11/4/2011. Associated Cases: 1:11-cv-00010-SAS-KLL, 1:11-cv-00079-SAS-KLL (km1) Modified Docket Text to clarify on 11/4/2011 (km1).