Myrette-Crosley
Myrette-Crosley v. Ditech Home Loans
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 FAYE MYRETTE-CROSLEY, Case No. 3:17-cv-05528-JD
Plaintiff,
ORDER DISMISSING CASE
v.
DITECH HOME LOANS, et al., Defendants.
12 Plaintiff Faye Myrette-Crosley’s claims under the Federal Debt Collection Practices Act, the Truth in Lending Act, and fraudulent concealment are dismissed pursuant to the permanent injunction entered as part of defendant Ditech’s confirmed bankruptcy plan. Dkt. No. 41, Ex. A. A subsequent order by the bankruptcy court to enforce the injunctive provisions of the plan and confirmation order expressly confirmed these causes of action must be dismissed. Dkt. No. 51, Ex. 1. The remaining claim in the first amended complaint for specific performance, Dkt. No. 28, is dismissed with prejudice for failure to state a claim. The Court’s prior order dismissed the claim as time-barred. Dkt. No. 26 at 4. Defendant moved to dismiss on this ground, Dkt. No. 44, and plaintiff has not opposed the motion. The allegation that plaintiff…