Plaintiff Brian Pehl filed the Complaint on June 13, 2012. Defendant Bank of America, N.A. (BANA) filed its Answer on July 7, 2012. Defendant Mortgage Electronic Registration System, Inc. (MERS) filed its Answer on July 17, 2012. A Case Management Conference was held on July 19, 2012. Mr. Pehl filed his Amended Complaint on August 20, 2012. Plaintiffs Motion to Join Jonathan H. Pehl as Necessary and Indispensable Party was allowed on September 11, 2012. Defendant Jonathan H. Pehl filed his Answer on September 13, 2012. On October 15, 2012, Pehl filed his Summary Judgment Motion and Defendants Countrywide Bank, N.A. (CWB), Countrywide Home Loans, Inc. (CHL), CWABS, Inc. (CWABS), BANA, MERS, The Bank of New York Trust Company (BONY Trust), The Bank of New York Trustee (BONY) (collectively, the Banks), and Phillip A. Italiano filed their Motion to Dismiss Amended Complaint. Pehl filed a Motion to Deny the Defendant Banks Motion to Dismiss on November 15, 2012. On November 19, 2012 the defendant Banks and Italiano filed their Opposition to Plaintiffs Motion for Summary Judgment and Cross-Motion for Summary Judgment. Pehl filed his Opposition to Defendant Banks Cross-Motion for Summary Judgment on December 3, 2012. Hearing on these motions was held before the court (Foster, J.) on December 13, 2012. At the hearing, Italianos portion of the Motion to Dismiss Amended Complaint was allowed, and all claims against Italiano were dismissed with prejudice. Pehls Summary Judgment Motion, the Banks Motion to Dismiss Amended Complaint, and the Banks Cross-Motion for Summary Judgment were taken under advisement. In a Decision of even date, the court (Foster, J.) denied the Plaintiffs Motion for Summary Judgment and allowed the Banks Cross-Motion for Summary Judgment.
In accordance with the courts order entered December 13, 2012 and the Decision entered today, it is
ORDERED and ADJUDGED that the Amended Complaint be, and hereby is, DISMISSED with prejudice.
By the Court. (Foster, J).
BRIAN PEHL v. COUNTRYWIDE BANK, N.A., COUNTRYWIDE HOME LOANS, INC., CWABS, INC., BANK OF AMERICAN, N.A., PHILLIP A. ITALIANO, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., BANK OF NEW YORK TRUST COMPANY & THE BANK OF NEW YORK TRUSTEE, as Co-Trustees, and JONATHAN H. PEHL