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Ploog v. HomeSide Financing, Inc., 209 F. Supp. 2d 863 (Letter.D. Unwell. 2002) S.C *864 *865 Cathleen Mbs, Daniel Good. Edelman, James O. Latturner, Chicago, IL, Keith James Keogh, Lawyers of Keith J. Keogh, Chicago, IL, getting plaintiff. Leann Pederson Pope, Marjorie Golis Wilde, Stephen Ryan Meinrtzhagen, Burke, Warren, MacKay & Serritella, P.C., Chicago, IL, to have HomeSide Lending, Inc., offender. Barbara Jean Anderson, Ungaretti & Harris, Chi town, IL, Lynn Adrian Goldstein, Barbara Anderson Wild, il, IL, getting Basic il NBD Mortg. Co., accused. Heather Ploog (“Ploog”) has actually prosecuted Very first il NBD Home loan Co.is the reason (“Very first Chi town”) to own breach of price and you will breach off fiduciary responsibility and has now prosecuted HomeSide Lending, Inc. (“HomeSide”) getting violating brand new Cranston-Gonzales Amendments for the A home Payment Steps Operate (“RESPA”), a dozen U. § 2605 et seq., as well as negligence, and infraction regarding fiduciary obligation. Till the Legal is Very first Chicago’s actions so you can write off Ploog’s violation out of offer (Matter II) and you can infraction out-of fiduciary responsibility (Count III) claims pursuant so you can Federal Laws regarding Civil Processes (“Rule”) 12(b) (6) and you may 12(b) (7) and you will twenty-eight You. § 1367(c) (4). And before Legal was HomeSide’s actions so you can disregard Matters We, IV, and V pursuant so you can Laws a dozen(b) (1). To the reasons offered within this Memorandum *866 Advice and you may Acquisition, both moves is actually refuted. Towards April 31, 1998, Ploog along with her spouse, David B. (Second Ampl.