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Cathy Delebreau, et al. v. Bayview Loan Servicing, LLC

Case Number: 
6:09-cv-00245

Memorandum Opinion and Order

Pending before the court are the defendant’s Motion for Summary Judgment [Docket 65] and the plaintiffs’ Motion to Certify Class [Docket 68].  For the reasons discussed below, the defendant’s Motion for Summary Judgment is GRANTED in part; the plaintiffs’ Motion to Certify Class is DENIED as moot.  The court ORDERS that judgment be entered for the defendant on Counts One, Two, and Three of the plaintiffs’ Complaint.  The court declines to exercise supplemental jurisdiction over Count Four of the plaintiffs’ Complaint, and, accordingly, DISMISSES Count Four without prejudice.

Date: 
Tuesday, January 18, 2011