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CASSESE v. WASHINGTON MUT., INC.

No. 05-cv-2724 (ADS)(ARL).

711 F.Supp.2d 261 (2010)

Denise CASSESE f/k/a Denise Caligiuri, George Scott Rush, Richard Melichar and Richard Schroer, individually and on behalf of all others similarly situated, Plaintiffs, v. WASHINGTON MUTUAL, INC.; The Federal Deposit Insurance Company, in its capacity as receiver for Washington Mutual Bank, such entity having incorporated former defendants Washington Mutual Bank, FA and Washington Mutual Home Loans, Inc.; and Washington Mutual Bank, FSB, Defendants.

United States District Court, E.D. New York.

May 13, 2010.

Attorney(s) appearing for the Case

Whalen & Tusa, P.C., by Joseph S. Tusa, Esq. , Paul C. Whalen, Esq. , of Counsel, New York, NY, Lowey Dannenberg Cohen & Hart, P.C., by Peter D. St. Philip, Jr., Esq., of Counsel, White Plains, NY, for plaintiffs.

Weil, Gotshal & Manges, LLP, by Brian S. Rosen, Esq. , of Counsel, New York, NY, for defendant Washington Mutual Inc.

Baker Botts, LLP, by David A. Super, Esq. , Ryan Bull, Esq. , Elysa M. Dishman, Esq. , Samuel J. Waldon, Esq. , of Counsel, Washington, D.C., for defendant Federal Deposit Insurance Corporation.

Stroock, & Stroock & Lavan, by Burton Lipshie, Esq. , Claude Gabriel Szyfer, Esq. , Sarah B. Takasugi, Esq. , Heidi Balk, Esq. , James Lawrence Bernard, Esq. , of Counsel, New York, NY, for third-party JPMorgan Chase Bank, NA.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

This consumer class action arises out of claims by the plaintiffs that the defendants improperly charged them "payoff fees" when they made early payments on their mortgages. Currently before the Court are motions seeking: (1) de-certification of the class asserting claims against defendant Federal Deposit Insurance Corporation, (2) partial judgment on the pleadings in favor of the Federal Deposit Insurance...

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