Moore v. Radian Group, Inc., 2002 WL 34342569(E.D.Tex. Sep 10, 2002) (NO. CIV.A. 2:01CV23)
Judge: T. John Ward
Holding: Motion to Dismiss Class Action GRANTED
The plaintiffs in this case challenge the relationship between lenders such as the Wells Fargo defendants and primary mortgage insurance ("PMI") providers such as the Radian defendants. By order dated March 28, 2002, Judge Ward dismissed the plaintiffs' third amended complaint, finding the plaintiffs' standing allegations deficient and ordering the plaintiffs to replead to allege an actual or threatened injury. He reasoned that the plaintiffs' allegations that the defendants had violated RESPA, standing alone, was insufficient to confer standing in absence of an allegation of injury. The plaintiffs filed their Fourth Amended Complaint and thereafter the defendants renewed their motions to dismiss.
In this order, Judge Ward held that these plaintiffs had failed to allege an injury sufficient to invoke the court's jurisdiction. The court therefore dismissed the Fourth Amended Complaint. Finding that the plaintiffs have had multiple opportunities to replead, Judge Ward stated that he would deny leave to file any further amendments to the complaint.