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Lee v. Lending Tree

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK


July 18, 2007

PARRISH B. LEE, PLAINTIFF,
v.
LENDING TREE, ET AL., DEFENDANTS.

MEMORANDUM OPINION AND ORDER

On January 23, 2007, the Court adopted the Report and Recommendation of Magistrate Judge James C. Francis IV and dismissed pro se plaintiff Parrish Lee's Complaint in the above-captioned case. The Court found that it lacked personal jurisdiction over defendants John Duden, Mark Churchill, Joe Contreras, and National Mortgage Network. The Court dismissed plaintiff's claims under the Racketeer Influenced and Corrupt Organizations Act, 42 U.S.C. § 1983, or 42 U.S.C. § 1986. See Lee v. Lending Tree, No. 06 Civ. 0827 (RJH) (JCF), 2006 U.S. Dist. LEXIS 74382, 2006 WL 2927241, at *5--*7 (S.D.N.Y. Sept. 29, 2006), adopted by Lee v. Lending Tree, 473 F.Supp.2d 435 (S.D.N.Y. 2007). The Court also found that, even construing plaintiff's liberally, see Graham v. Henderson, 89 F.3d 75, 79 (2d Cir. 1996), the Complaint failed to satisfy the Rule 9(b) pleading requirements for fraud, see Fed. R. Civ. P. 9(b).

Accordingly, the Court granted plaintiff leave to amend the Complaint with respect to his claim of fraud against Lending Tree and Lending Tree Settlement Services.

20070718

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