Birchall v. Countrywide Home Loans, Inc.

Full title: JENNIFER BIRCHALL, Plaintiff, v. COUNTRYWIDE HOME LOANS, INC., a/k/a…

Court: United States District Court, E.D. Pennsylvania

Date published: Nov 13, 2009

CIVIL ACTION No. 08-2447 (E.D. Pa. Nov. 13, 2009)

Opinion

CIVIL ACTION No. 08-2447.

November 13, 2009

ORDER

GENE PRATTER, District Judge

AND NOW, this 13^th day of November 2010, upon consideration of the Defendant Countrywide's Motion to Dismiss the Plaintiff's Second Amended Complaint (Docket No. 21), and the Plaintiff Jennifer Birchall's Cross-Motion to Amend her Second Amended Complaint (Docket No. 25), it is hereby ORDERED that:

1. With regard to Counts I and II of the Second Amended Complaint, Countrywide's Motion to Dismiss is hereby GRANTED in full.

2. With regard to Count III of the Second Amended Complaint, Countrywide's Motion to Dismiss is hereby GRANTED in part and DENIED in part. The Motion is granted with regard to all of the Plaintiff's claims under the Pennsylvania Unfair Trade Practices Consumer Protection Law, 73 P.S. § 201-1, et seq., excepting her claim under the Law's "catchall" provision, 73 P.S. § 201-2(4)(xxi), with regard to which the Motion to Dismiss is denied.

3. Ms. Birchall's Cross-Motion to Amend is DENIED.