PIERCE v. NOVASTAR MORTG. INC.

No. C05-5835RJM.

489 F.Supp.2d 1206 (2007)

Cameron PIERCE and Patricia Pierce, husband and wife; Karen Kirby, a single woman; Gregory Sherman and Paula Sherman, husband and wife, Michael Lepage and Gertrude Lepage, husband and wife; Larry Brown, a single man; and Ralph Martinelli, a single man, on behalf of themselves and a class of similarly situated individuals, Plaintiffs, v. NOVASTAR MORTGAGE, INC., a foreign corporation, Defendant.

United States District Court, W.D. Washington.

May 30, 2007.


Attorney(s) appearing for the Case

Ari Y. Brown, David S. Frockt, Matthew Phineas Bergman, Bergman & Frockt, Thomas E. Loeser, John Wentworth Phillips, Matthew Geyman, Phillips Law Firm, Seattle, WA, for Plaintiffs.

David M. Souders, Donald C. Brown, Jr., Mitchel H. Kider, Weiner Brodsky Sidmann Kider, Washington, DC, Sal Mungia, Stephanie L. Bloomfield, Gordon Thomas Honeywell Malanca Peterson & Daheim, Tacoma, WA, for Defendant.


ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT

BRYAN, District Judge.

This matter comes before the Court on Plaintiffs' Motion for Partial Summary Judgment (Dkt.213). The Court has considered the pleadings filed in support of and in opposition to the motion and the remainder of the file herein.

I. FACTUAL AND PROCEDURAL BACKGROUND

The class plaintiffs are all borrowers who engaged in loan...

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