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Date: 08-03-2023

Case Style:

Mikayla Gregory v. Toter Appraisal Group, LLC

Case Number: 5:22-CV-330

Judge: Irene C. Berger

Court: United States District Court for the Southern District of West Virginia (Raleigh County)

Plaintiff's Attorney: Jason E. Causey and
Jed Robert Nolan

Defendant's Attorney: Donna Quesenberry and Michael Mullins

Description: Beckley, West Virginia consumer credit lawyer represented Plaintiff who sued Defendant on a Truth in Lending Act violation.

On April 21, 2020, the Plaintiff, Mikayla Gregory, filed a complaint against the Defendants in the Circuit Court of Raleigh County, West Virginia, alleging seven state law claims. On August 13, 2020, she filed an amended class action complaint, alleging five state law claims against the same Defendants. On March 23, 2021, the Plaintiff again amended, filing a second amended class action complaint alleging two state law claims against the Defendants. On April
13, 2022, Ms. Gregory moved to add a claim pursuant to the Truth in Lending Act (TILA), 15 U.S.C. § 1639e. On July 22, 2022, her motion was granted and the governing complaint, the Third Amended Class Action Complaint (Complaint) (Document 1-2), was deemed served. The action was subsequently removed pursuant to 28 U.S.C. § 1331. The Complaint names Gateway Mortgage Group, LLP (Gateway) and Toler Appraisal Group, LLC (Toler), and alleges that the Defendants have engaged in improper lending and appraisal practices, including improperly seeking to influence an appraiser.

The Complaint contains the following causes of action: Count I - an individual claim of Illegal Loan in Excess of Fair Market Value or Residential Property, as to Gateway; Count II - an individual claim of Breach of Professional Standards and Negligence, as to Toler; and Count III -a class claim of a Truth-In-Lending Violation, 15 U.S.C. § 1639e. Ms. Gregory requests certification of the proposed class, injunctive relief, compensatory damages, restitution, attorneys' fees and costs, and prejudgment and post judgment interest.

Outcome: 08/03/2023 100 ORDER OF DISMISSAL directing that the remaining requirements and deadlines contained in the 31 First Amended Scheduling Order be suspended and this action be dismissed with prejudice and stricken from the docket of the Court; this civil action may be reinstated only upon written motion of one of the parties alleging good cause for such reinstatement and filed within 30 days of the entry of this Order; any motions pending at the time of this dismissal are terminated as moot. Signed by Judge Irene C. Berger on 7/25/2023. (cc: any pro se party; counsel of record) (btm)
08/03/2023 101 TRANSMITTED CERTIFIED COPY of 100 Order of Dismissal to any pro se party and to all counsel of record. (btm)

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