Ethel and Lewis Kelly v. Clear Recon Corp, Federal National Mortgage Association, and loanDepot.com, LLC
3:19-cv-00185-TMB · 2021-08-13
Motions to dismiss (defendant)Granted in part
“Having carefully reviewed the allegations in the TAC and the parties' briefing, the Motion is GRANTED in part and DENIED in part as follows. The Court GRANTS in part loanDepot's Motion as to the Kellys' RESPA claim in Count IV for (1) emotional and psychological damages and (2) statutory damages. The Court further finds that permitting the Kellys leave to amend the TAC would be futile. The Court DENIES in part the Motion as to the Kellys' RESPA claim in Count IV for certain actual damages including "the costs of copying documents, travel expenses to and from their attorney's office, [and] postage fees[.]"”
From public federal docket records for this judge.
During active service, Burgess handled aviation-disaster and product-liability suits, admiralty and marine contracts, federal fisheries and agency review, insurance, civil rights, and a substantial criminal calendar. In senior status his work has been more criminal-focused, including suppression, sentencing, sentence challenges, and compassionate-release motions.
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