Hambrick et al v. Wells Fargo Bank, N.A., No. 1:2007cv00258 - Document 55 (N.D. Miss. 2008)
Court Description: PARTIAL FINAL JUDGMENT in accordance with the Memorandum Opinion granting 42 Motion to Dismiss; granting 47 Motion to Dismiss. Dismissing Defendant Bear Stearns Residential Mortgage and Encore Credit Corp. Claims against Wells Fargo Bank remain. Signed by W. Allen Pepper on 12/05/2008. (pbs, USDC)
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION JUDD AND DONNA HAMBRICK, VS. PLAINTIFFS, CIVIL ACTION NO. 1:07CV258-P-D BEAR STEARNS RESIDENTIAL MORTGAGE a/k/a ENCORE CREDIT CORP. a/k/a PERFORMANCE CREDIT CORP and WELLS FARGO BANK, N.A. d/b/a AMERICA S SERVICING COMPANY, DEFENDANTS. PARTIAL FINAL JUDGMENT In accordance with a Memorandum Opinion issued this day, IT IS ORDERED AND ADJUDGED that: (1) Bear Stearns Residential Mortgage and Encore Credit Corp. s motions to dismiss [42,47 respectively] are hereby GRANTED; thus, (2) All of the plaintiffs claims against Bear Stearns Residential Mortgage and Encore Credit Corp i.e., predatory lending, violation of the Truth in Lending Act and Regulation Z, and intentional or negligent infliction of emotional distress are DISMISSED WITH PREJUDICE; (3) The plaintiffs claims against Wells Fargo Bank, N.A. d/b/a America s Servicing Company remain. SO ORDERED this the 5th day of December, A.D., 2008. /s/ W. Allen Pepper, Jr. W. ALLEN PEPPER, JR. UNITED STATES DISTRICT JUDGE
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