Myrette-Crosley
Myrette-Crosley v. Ditech Home Loans
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 FAYE MYRETTE-CROSLEY, Case No. 3:17-cv-05528-JD
8 Plaintiff,
ORDER DISMISSING CASE
v. 9
10 DITECH HOME LOANS, et al., Defendants. 11
12 13 Plaintiff Faye Myrette-Crosley’s claims under the Federal Debt Collection Practices Act, 14 the Truth in Lending Act, and fraudulent concealment are dismissed pursuant to the permanent 15 injunction entered as part of defendant Ditech’s confirmed bankruptcy plan. Dkt. No. 41, Ex. A. 16 A subsequent order by the bankruptcy court to enforce the injunctive provisions of the plan and 17 confirmation order expressly confirmed these causes of action must be dismissed. Dkt. No. 51, 18 Ex. 1. 19 The remaining claim in the first amended complaint for specific performance, Dkt. No. 28, 20 is dismissed with prejudice for failure to state a claim. The Court’s prior order dismissed the 21 claim as time-barred. Dkt. No. 26 at 4. Defendant moved to dismiss on this ground, Dkt. No. 44, 22 and plaintiff has not opposed the motion. 23 The allegation that plaintiff…