Opinion
Case No. CV11-01633 AHM (JCx)
08-31-2011
CHARLES STANTON, Plaintiff, v. WELLS FARGO HOME MORTGAGE, INC.; NDeX WEST, LLC; and DOES 1 through 10 inclusive, Defendants.
Robert E. Feyder Kevin S. Asfour Attorneys for Defendant Wells Fargo Bank, N.A. (as successor to Wells Fargo Home Mortgage, Inc.)
K&L GATES LLP
Robert E. Feyder
Kevin S. Asfour
Attorneys for Defendant Wells Fargo
Bank, N.A. (as successor to Wells Fargo
Home Mortgage, Inc.)
JUDGMENT
Assigned to Hon. A. Howard Matz
JUDGMENT OF THE COURT
For the reasons set forth in the Court's August 22, 2011 Order (Dkt. # 45), IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiff's First Amended Complaint is DISMISSED, without leave to amend, as follows:
1. Plaintiff's claim under the federal Real Estate Settlement Procedures Act ("RESPA," 12 U.S.C. §§ 2601 et seq.) is DISMISSED WITH PREJUDICE;
2. Plaintiff's claim under the federal Truth in Lending Act ("TILA," 15 U.S.C. §§ 1601 et seq.) is DISMISSED WITH PREJUDICE;
3. Pursuant to 28 U.S.C. § 1367, the Court declines to exercise supplemental jurisdiction over Plaintiff's state-law claim for Civil Conspiracy, and thus that claim is DISMISSED WITHOUT PREJUDICE; and
4. Plaintiff's claim under the federal Racketeer Influenced and Corrupt Organizations Act ("RICO," 18 U.S.C. §§ 1961 et seq.) is DISMISSED WITHOUT PREJUDICE.
5. Each side to bear their own costs.
Hon. A. Howard Matz
U.S. DISTRICT COURT JUDGE