Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

09-2119 - IN RE: Mortgage Electronic Registration Systems (MERS) Litigation


Download Files

Metadata

Document in Context
09-2119 - IN RE: Mortgage Electronic Registration Systems (MERS) Litigation
March 23, 2010
PDF | More
ORDER that with respect to Robinson (CV 09-227-TUC-JAT), claim 8 and part of claims 10 and 11 remain with the undersigned as part of the MDL and claims 1-7, 9 and part of claims 10 and 11 are remanded to the transferor court. Of particular note, all claims against Defendant First American Title Company are remanded. To accomplish this remand, the Clerk of the Court is directed to bifurcate Robinson into two cases; the Clerk of the Court shall draw and assign a new Phoenix case number to the portion of the Robinson case that is remaining with the undersigned and the Clerk of the Court shall consolidate that case number into the MDL as a member case. The Clerk of the Court shall transfer the original Robinson case number back to the transferor court (Chief Judge Roll). FURTHER ORDERED that with respect to Vargas (CV 09-2616-PHX-JAT)claim 7 and part of claim 11 remain with the undersigned as part of the MDL and claims 1-6, 8-10, 12, 13 and part of claim 11 are remanded to the transferor court. MERS shall file a copy of this Order with the transferor court within the next two business days. FURTHER ORDERED that with respect to Lopez (CV 10-0078-PHX-JAT) claims 3, 4, 5 and 6 and part of claims 2, 8 and 9 remain with the undersigned as part of the MDL and claim 1 and part of claims 2, 8 and 9 are remanded to the transferor court. MERS shall file a copy of this Order with the transferor court within the next two business days. FURTHER ORDERED that with respect to Goodwin (CV 10-0079-PHX-JAT) claims 3, 4, 6 and 7 and part of claims 2, 8 and 9 remain with the undersigned as part of the MDL and claims 1 and 5 and part of claims 2, 8 and 9 are remanded to the transferor court. MERS shall file a copy of this Order with the transferor court within the next two business days. FURTHER ORDERED that with respect to Green (CV 10-0080-PHX-JAT) claims 1, 3 and 4 and part of claims 2, 5 and 6 remain with the undersigned as part of the MDL and part of claims 2, 5 and 6 are remanded to the transferor court. MERS shall file a copy of this Order with the transferor court within the next two business days. FURTHER ORDERED that with respect to Dalton (CV 10-0081-PHX-JAT) claims 1, 3 and 4 and part of claims 2, 5 and 6 remain with the undersigned as part of the MDL and part of claims 2, 5 and 6 are remanded to the transferor court. MERS shall file a copy of this Order with the transferor court within the next two business days. SEE ORDER FOR FURTHER DETAILS. Signed by Judge James A Teilborg on 3/22/10. (CV 09-227-TUC; CV 09-2616-PHX; CV 10-78-PHX; CV 10-79-PHX; CV 10-80-PHX; CV 10-81-PHX) (MAP)
April 21, 2010
PDF | More
ORDER Clarifying Court Order of 3/23/10, 211. ORDERED that the Clerk of the Court shall file a copy of this Order in the transferor court for each member case addressed by the 3/23/10, Order. Signed by Judge James A Teilborg on 4/20/10. (CV 09-227-TUC; CV 09-2616-PHX; CV 10-78-PHX; CV 10-79-PHX; CV 10-80-PHX; CV 10-81-PHX) (MAP)
April 23, 2010
PDF | More
ORDER that with respect to Stoffels (CV 10-215-PHX-JAT), claims 2-4, 6, 7 and part of claims 8 and 9 remain with the undersigned as part of the MDL and claims 1, 5 and part of claims 8 and 9 have been remanded to the transferor court. MERS shall file a copy of this Order with the transferor court within the next two business days. FURTHER ORDERED that with respect to Hearne (CV 10-216-PHX-JAT) claims 1, 3, and 4 and part of claims 2, 5, 6 and 7 remain with the undersigned as part of the MDL and part of claims 2, 5, 6 and 7 have been remanded to the transferor court. FURTHER ORDERED that with respect to Huynh (CV 10-217-PHX-JAT) claims 2 and 4-11 and part of claims 3 and 12 remain with the undersigned as part of the MDL and claim 1 and part of claims 3 and 12 have been remanded to the transferor court. MERS shall file a copy of this Order with the transferor court within the next two business days. FURTHER ORDERED that with respect to Mesi (CV 10-218-PHX-JAT) claims 4-12 and part of claims 1, 2 and 13 remain with the undersigned as part of the MDL and claim 3 and part of claims 1, 2 and 13 have been remanded to the transferor court. MERS shall file a copy of this Order with the transferor court within the next two business days. FURTHER ORDERED that with respect to Youngren (CV 10-219-PHX-JAT) claims 2 and 4-11 and part of claims 3 and 12 remain with the undersigned as part of the MDL and claim 1 and part of claims 3 and 12 have been remanded to the transferor court. MERS shall file a copy of this Order with the transferor court within the next two business days. FURTHER ORDERED that with respect to Burke (CV 10-220-PHX-JAT) claims 1, 3, and 4 and part of claims 2, 5 and 6 remain with the undersigned as part of the MDL and part of claims 2, 5 and 6 have been remanded to the transferor court. FURTHER ORDERED that with respect to Dalby (CV 10-221-PHX-JAT) claims 1, 3, and 4 and part of claims 2, 5 and 6 remain with the undersigned as part of the MDL and part of claims 2, 5 and 6 have been remanded to the transferor court. FURTHER ORDERED that with respect to Lee (CV 10-268-PHX-JAT) claims 2 and 5-13 and part of claims 3, 4 and 14 remain with the undersigned as part of the MDL and claim 1 and part of claims 3, 4 and 14 have been remanded to the transferor court. MERS shall file a copy of this Order with the transferor court within the next two business days. FURTHER ORDERED that the Clerk of the Court shall file a copy of this Order in each member case listed on pages 1-2. SEE ORDER FOR FURTHER DETAILS. Signed by Judge James A Teilborg on 4/23/10. (CV 10-215-PHX; CV 10-216-PHX; CV 10-217-PHX; CV 10-218-PHX; CV 10-219-PHX; CV 10-220-PHX; CV 10-221-PHX; CV 10-268-PHX) (MAP)
May 17, 2010
PDF | More
ORDER that with respect to Shieban (CV 10-470-PHX-JAT), claims 1, 2, and 8 and part of claim 6 remain with the undersigned as part of the MDL and claims 3-5 and part of claim 6 have been remanded to the transferor court. FURTHER ORDERED that with respect to Villa (CV 10-472-PHX-JAT) claims 1, 2, and 8 and part of claim 6 remain with the undersigned as part of the MDL and claims 3-5 and part of claim 6 have been remanded to the transferor court. FURTHER ORDERED that with respect to Hall (CV 10-473-PHX-JAT) claims 1, 2, 6, and 7 and part of claim 5 remain with the undersigned as part of the MDL and claims 3 and 4 and part of claim 5 have been remanded to the transferor court. FURTHER ORDERED that with respect to Velasquez (CV 10-475-PHX-JAT) claims 1, 2, and 8 and part of claim 6 remain with the undersigned as part of the MDL andclaims 3-5 and part of claim 6 have been remanded to the transferor court. FURTHER ORDERED that with respect to Hora (CV 10-476-PHX-JAT) claims 1, 2, 8, and 9 and part of claim 6 remain with the undersigned as part of the MDL and claims 3-5 and part of claim 6 have been remanded to the transferor court. FURTHER ORDERED that with respect to Lalatag (CV 10-477-PHX-JAT) claims 1, 2, 6, and 7 and part of claim 5 remain with the undersigned as part of the MDL andclaims 3 and 4 and part of claim 5 have been remanded to the transferor court. FURTHER ORDERED that with respect to Whalen (CV 10-471-PHX-JAT) the entire case remains with the undersigned as part of the MDL. FURTHER ORDERED that with respect to Saniel (CV 10-483-PHX-JAT) claims 1-3 and 5-9 remain with the undersigned as part of the MDL and claim 4 has been remanded to the transferor court. FURTHER ORDERED that with respect to Kwok (CV 10-484-PHX-JAT) claims 1-3 and 5-9 remain with the undersigned as part of the MDL and claim 4 has been remanded to the transferor court. FURTHER ORDERED that with respect to Berilo (CV 10-485-PHX-JAT) claims 2-6, 12, and 13 and part of claims 10 and 11 remain with the undersigned as part of the MDL and claims 1, 7-9, and part of claims 10 and 11 have been remanded to the transferor court. FURTHER ORDERED that with respect to Yateman (CV 10-486-PHX-JAT) claims 1-5 and part of claims 13 and 14 remain with the undersigned as part of the MDL and claims 6-12 and part of claims 13 and 14 have been remanded to the transferor court. FURTHER ORDERED that with respect to Fitzwater (CV 10-487-PHX-JAT) claims 2-6 and part of claims 12 and 13 remain with the undersigned as part of the MDL and claims 1, 7-11 and part of claims 12 and 13 have been remanded to the transferor court. FURTHER ORDERED that with respect to Evans (CV 10-488-PHX-JAT) claims 2-6 and part of claims 12 and 13 remain with the undersigned as part of the MDL and claims 1, 7-11 and part of claims 12 and 13 have been remanded to the transferor court. FURTHER ORDERED that with respect to Kartman (CV 10-489-PHX-JAT) claims 2-6, 10, and 11 and part of claims 8 and 9 remain with the undersigned as part of the MDL and claims 1and 7 and part of claims 8 and 9 have been remanded to the transferor court. FURTHER ORDERED that with respect to Bricker (CV 10-492-PHX-JAT) the entire case remains with the undersigned as part of the MDL. FURTHER ORDERED that with respect to Boyd (CV 10-493-PHX-JAT) claims 2-6, 14, and 15 and part of claims 12 and 13 remain with the undersigned as part of the MDL and claims 1, 7-11 and part of claims 12 and 13 have been remanded to the transferor court. FURTHER ORDERED that with respect to Golding (CV 10-494-PHX-JAT) claims 2-6, and 8 and part of claim 7 remain with the undersigned as part of the MDL and claim 1 and part of claim 7 have been remanded to the transferor court. FURTHER ORDERED that with respect to Kahalehoe (CV 10-491-PHX-JAT) claims 5-8 and part of claims 1 and 2 remain with the undersigned as part of the MDL and claims 3, 4, and 9 and part of claims 1 and 2 have been remanded to the transferor court. FURTHER ORDERED that with respect to Ene (CV 10-469-PHX-JAT) claims 6 and 9 and part of claims 7, 8, and 10 remain with the undersigned as part of the MDL and claims 1-5, 11, and 12 and part of claims 7, 8, and 10 have been remanded to thetransferor court. FURTHER ORDERED that with respect to Greene (CV 10-474-PHX-JAT, CV 10-482-PHX-JAT) claims 4-6, 8, and 9 and part of claims 7 and 10 remain with the undersigned as part of the MDL and claims 1-3 and part of claims 7 and 10 have been remanded to the transferor court. FURTHER ORDERED MERS shall file a copy of this Order in each case with the transferor court within the next two business days. FURTHER ORDERED that the Clerk of the Court shall file a copy of this Order in each member case listed on pages 1-2. FURTHER ORDERED denying without prejudice (to refiling a motion addressing only the claims retained in the MDL) 402 Motion to Dismiss. FURTHER ORDERED denyin without prejudice (to refiling a motion addressing only the claims retained in the MDL) 403 Motion to Dismiss. SEE ORDER FOR FULL DETAILS. Signed by Judge James A Teilborg on 5/17/10. (MAP)
June 4, 2010
PDF | More
ORDER granting in part and denying in part 364 Motion to Remand Certain Claims FURTHER ORDERED that with respect to Huck (CV 10-401-PHX), Gillespie (CV 10-413-PHX), CV 10-415-PHX (Caffee), and CV 10-455-PHX (Barlow) the motion is denied without prejudice. Moving Defendants shall have ten days after the Court rules on the motions for leave to amend to file a motion to remand all claims that it asserts the panel remanded to the respective transferor courts in the transfer orders. FURTHER ORDERED that with respect to Duncan (CV 10-414-PHX), Sieben (CV 10-416-PHX), Huck (CV 10-417-PHX), Vo (CV 10-425-PHX), Ellifritz (CV 10-427-PHX), McConathy (CV 10-428-PHX), Smith (CV 10-429-PHX), and Sage (CV 10-456-PHX) claims 2, 5-9, 13 and 14 and part of claims 3, 4, 10, 11, and 12 remain with the undersigned as part of the MDL and claim 1 and part of claims 3, 4, 10, 11, and 12 have been remanded to their respective transferor courts. MERS shall file a copy of this Order with each transferor court within the next two business days. FURTHER ORDERED that with respect to Eastwood (CV 10-426-PHX) claims 1-2, 5-9, 13 and 14 and part of claims 3, 4, 10, 11, and 12 remain with the undersigned as part of the MDL and part of claims 3, 4, 10, 11, and 12 have been remanded to the transferor court. MERS shall file a copy of this Order with the transferor court within the next two business days. FURTHER ORDERED that with respect to Mason (CV 10-457-PHX) and Fitzgerald (CV 10-460-PHX) claims 1-4 and part of claim 6 (i.e., injunctive relief, declaratory relief, and quiet title) remain with the undersigned as part of the MDL and claim 5 and part of claim 6 (i.e., injunctive relief, declaratory relief, and reformation) have been remanded to their respective transferor courts. MERS shall file a copy of this Order with each transferor court within the next two business days. FURTHER ORDERED that with respect to Freeto (CV 10-459-PHX) claims 2, 5-11, and 13 and part of claims 3 and 4 remain with the undersigned as part of the MDL and claims 1 and 12 and part of claims 3 and 4 have been remanded to the transferor court. MERS shall file a copy of this Order with the transferor court within the next two business days. FURTHER ORDERED that with respect to Dominguez (CV 10-461-PHX) claims 1-2, 5-11, 13 and 14 and part of claims 3, 4, and 12 remain with the undersignedas part of the MDL and part of claims 3, 4, and 12 have been remanded to the transferor court. MERS shall file a copy of this Order with the transferor court within the next two business days. FURTHER ORDERED that the Clerk of the Court shall file a copy of this Order in each member case listed on page 2. SEE ORDER FOR COMPLETE DETAILS. Signed by Judge James A Teilborg on 6/4/10. (CV 10-401-PHX; 10-413-PHX; 10-414-PHX; 10-416-PHX; 10-417-PHX; 10-425-PHX; 10-426-PHX; 10-427-PHX; 10-428-PHX; 10-429-PHX; 10-456-PHX; 10-457-PHX; 10-459-PHX; 10-460-PHX; 10-461-PHX) (MAP)
June 4, 2010
PDF | More
AMENDED ORDER (re 629 ORDER) granting in part and denying in part 364 Motion to Remand Certain Claims FURTHER ORDERED that with respect to Huck (CV 10-401-PHX), Gillespie (CV 10-413-PHX), CV 10-415-PHX (Caffee), and CV 10-455-PHX (Barlow) the motion is denied without prejudice. Moving Defendants shall have ten days after the Court rules on the motions for leave to amend to file a motion to remand all claims that it asserts the panel remanded to the respective transferor courts in the transfer orders. FURTHER ORDERED that with respect to Duncan (CV 10-414-PHX), Sieben (CV 10-416-PHX), Huck (CV 10-417-PHX), Vo (CV 10-425-PHX), Ellifritz (CV 10-427-PHX), McConathy (CV 10-428-PHX), Smith (CV 10-429-PHX), and Sage (CV 10-456-PHX) claims 2, 5-9, 13 and 14 and part of claims 3, 4, 10, 11, and 12 remain with the undersigned as part of the MDL and claim 1 and part of claims 3, 4, 10, 11, and 12 have been remanded to their respective transferor courts. MERS shall file a copy of this Order with each transferor court within the next two business days. FURTHER ORDERED that with respect to Eastwood (CV 10-426-PHX) claims 1-2, 5-9, 13 and 14 and part of claims 3, 4, 10, 11, and 12 remain with the undersigned as part of the MDL and part of claims 3, 4, 10, 11, and 12 have been remanded to the transferor court. MERS shall file a copy of this Order with the transferor court within the next two business days. FURTHER ORDERED that with respect to Mason (CV 10-457-PHX) and Fitzgerald (CV 10-460-PHX) claims 1-4 and part of claim 6 (i.e., injunctive relief, declaratory relief, and quiet title) remain with the undersigned as part of the MDL and claim 5 and part of claim 6 (i.e., injunctive relief, declaratory relief, and reformation) have been remanded to their respective transferor courts. MERS shall file a copy of this Order with each transferor court within the next two business days. FURTHER ORDERED that with respect to Freeto (CV 10-459-PHX) claims 2, 5-11, and 13 and part of claims 3 and 4 remain with the undersigned as part of the MDL and claims 1 and 12 and part of claims 3 and 4 have been remanded to the transferor court. MERS shall file a copy of this Order with the transferor court within the next two business days. FURTHER ORDERED that with respect to Dominguez (CV 10-461-PHX) claims 1-2, 5-11, 13 and 14 and part of claims 3, 4, and 12 remain with the undersignedas part of the MDL and part of claims 3, 4, and 12 have been remanded to the transferor court. MERS shall file a copy of this Order with the transferor court within the next two business days. FURTHER ORDERED that the Clerk of the Court shall file a copy of this Order in each member case listed on page 2. SEE ORDER FOR COMPLETE DETAILS. Signed by Judge James A Teilborg on 6/4/10. (CV 10-401-PHX; 10-413-PHX; 10-414-PHX; 10-416-PHX; 10-417-PHX; 10-425-PHX; 10-426-PHX; 10-427-PHX; 10-428-PHX; 10-429-PHX; 10-456-PHX; 10-457-PHX; 10-459-PHX; 10-460-PHX; 10-461-PHX) (MAP)
July 22, 2010
PDF | More
ORDER granting/denying in part 457 Motion to Remand Certain Claims. ORDERED that Maguire (CV 09-730-PHX) is remanded in its entirety to Judge Bolton (without prejudice to MERS again moving to transfer this case to the MDL as set forth above). Within 7 days of the date of this Order, the parties shall re-file any motions they seek to have Judge Bolton resolve. FURTHER ORDERED that with respect to Stejic (CV 10-51-PHX), claim 1 (wrongful foreclosure), claim 2 (breach of contract), claim 3 (breach of the covenant of good faith and fair dealing), claim 4 (fraud), and part of claim 6 (injunctive relief) remain with the undersigned as part of the MDL; claim 5 (consumer fraud act), and part of claim 6 (injunctive relief) are remanded to Judge Campbell; to accomplish the bifurcation of this case within this district, the Clerk of the Court is directed to bifurcate Stejic into two cases; the Clerk of the Court shall draw and assign a new Phoenix case number to the portion of the Stejic case that is remaining with the undersigned and the Clerk of the Court shall consolidate that case number into the MDL as a member case. The Clerk of the Court shall transfer the original Stejic case number back to Judge Campbell. FURTHER ORDERED that with respect to Molina (CV 09-1836), claim 1 (violations of 33-801 and 47-3301), part of claim 2 (injunctive relief), and claim 8 (conspiracy to commit fraud) remain with the undersigned as part of the MDL; part of claim 2 (injunctive relief), claim 3 (breach of contract), claim 4 (breach of covenant of good faith and fair dealing), claim 5 (truth in lending act), claim 6 (real estate settlement procedures act), and claim 7 (Arizona consumer fraud act) are remanded to Judge Aspey; to accomplishthe bifurcation...SEE ORDER. FURTHER ORDERED that with respect to Coleman (CV 10-200), claim 1 (breach of contract), claim 4 (quite title), claim 7 (invalid deed of trust), claim 8 (intentional infliction of emotional distress), claim 9 (fraud - misrepresentation and conspiracy), claim 10 (conversion/theft), claim 11 (uniform commercial code), and claim 12 (civil RICO) remain with the undersigned as part of the MDL; claim 2 (Arizona consumer fraud act), claim 3 (home ownership equity protection act), and claim 6 (fair debt collection practices act) are remanded to Judge Silver; to accomplish the bifurcation...SEE ORDER. FURTHER ORDERED that with respect to Bilyea (CV 10-45), claim 1 (constructive fraud/breach of fiduciary duty), claim 2 (breach of contract), claim 3 (commonlaw fraud), claim 4 (payment/extinguishment of the debt), and claim 6 (fraud related to title insurance) remain with the undersigned as part of the MDL; claim 5 (breach of contract - violation of the HAMP guidelines) is remanded to Judge Silver; to accomplish the bifurcation...SEE ORDER. FURTHER ORDERED that with respect to Rinehimer (CV 10-347), claim 1 (UCC defenses to foreclosure), part of claim 2 (declaratory relief), part of claim 3 (injunction), part of claim 4 (fair debt collection practices act), claim 8 (conspiracy to commit fraud/conversion), part of claim 10 (estoppel), part of claim 12 (respondeat superior), claim 13 (fraud - misrepresentation), claim 14 (fraud - concealment), claim 16 (breach of contract), claim 17 (fraud - concealment), and part of claim 18 (punitive damages) remain with the undersigned as part of the MDL; part of claim 2 (declaratory relief), part of claim 3 (injunction), part of claim 4 (fair debt collection practices act), claim 5 (truth in lending act), claim 6 (real estate settlement procedures act), claim 7 (home ownership equity act), claim 9 (Arizona consumer fraud act), part of claim 10 (estoppel), claim 11 (fiduciary duty of care), part of claim 12 (respondeat superior), claim 15 (implied duty of good faith and fair dealing), and part of claim 18 (punitive damages) are remanded to Judge Burns; to accomplish the bifurcation...SEE ORDER. FINALLY ORDERED that consistent with the Order transferring these cases to the undersigned (Doc. #405), all Defendants must answer or otherwise respond to the complaint within fifteen days of the date of this Order; additionally, if any Plaintiff wishes to file a motion to remand (including refiling a previously denied motion to remand), those motions are also due within fifteen days of the date of this Order. Signed by Judge James A Teilborg on 7/22/10. (MAP)
August 16, 2010
PDF | More
ORDER granting Plaintiffs' Motions (Doc. 508, 515, 524, 525, 526, 530, 564) for leave to file amended complaints in member cases (Caffee, Gillespie, Huck, Huynh, Lee, Mesi, and Youngren). Plaintiffs may, within three days of the date of this Order, file their amended complaints as attached to their Motions for Leave to Amend. FURTHER ORDERED that Plaintiffs Motion 573 for leave to file an amended complaint in Barlow is DENIED as to Defendant BNC Mortgage Inc. due to the automatic stay in place, but is GRANTED as to all other Defendants. Plaintiff may, within three days of the date of this Order, file an amended complaint. FURTHER ORDERED denying as moot 453 Defendant Litton Loan Servicing LPs Motion to Dismiss FURTHER ORDERED with regards to Plaintiffs Motions (Doc. 521, 639, 640) to remand Mesi, Youngren, and Huynh to state court, the Court will allow the parties to file additional briefing. Defendants may file additional briefing opposing one or more of the motions by 8/27/10. Plaintiffs may file additional briefing supporting their respective motions by 9/6/10. Signed by Judge James A Teilborg on 8/16/10. (CV 10-217;218;219;268;401;413;415;455-PHX)(MAP)
September 30, 2010
PDF | More
ORDER In Regards to Vargas (CV 09-2616-PHX) GRANTING the following Motions to Dismiss: 262, 285, 292, 299, 309, 314, 324. FURTHER ORDERED In Regards to Lopez (CV 10-78-PHX) GRANTING the following Motions to Dismiss: 260, 281, 291, 297, 308, 316, 318, 331. FURTHER ORDERED In Regards to Goodwin (CV 10-79-PHX) GRANTING the following Motions to Dismiss: 259, 266, 268, 269, 278, 282, 286, 290, 296, 298, 300, 304, 305, 310, 320, 327, 479. FURTHER ORDERED In Regards to Green (CV 10-80-PHX) GRANTING the following Motions to Dismiss: 257, 279, 283, 287, 294, 302, 307, 312, 317, 321, 333. FURTHER ORDERED In Regards to Dalton (CV 10-81-PHX) GRANTING the following Motions to Dismiss: 258, 267, 277, 284, 293 (and DENYING AS MOOT T.D. Service Companys Renewed Motion to Quash Service of Summons and Complaint), 295, 301, 306, 319,325, 328, 423. FURTHER ORDERED In Regards to Robinson (CV 10-630-PHX) GRANTING the following Motions to Dismiss: 261, 280, 288, 303, 311, 326. FURTHER ORDERED GRANTING 276 Defendants GMAC Mortgage, LLC, Executive Trustee Services, Inc., and Homecomings Financial, LLCs Motion to Dismiss All Plaintiffs Claims Retained by the Court in these Six Class Actions; GRANTING 289 Defendants Aurora, Old Republic, and Saxons Motion to Dismiss Plaintiffs Complaints (concerning Goodwin, Green, and Dalton); GRANTING 315 Motion to Dismiss By Shareholder Defendants (concerning all six cases); GRANTING 343 Motion to Dismiss Plaintiffs Complaints Filed by Quality Loan Service Corporation (concerning Goodwin, Green, and Dalton). FURTHER ORDERED DENYING AS MOOT 264 Motion of the Federal Housing Finance Agency as Conservator of Fannie Mae and Freddie Mac to Dismiss. SEE ORDER FOR FULL/COMPLETE DETAILS. Signed by Judge James A Teilborg on 9/30/10.(MAP)
December 28, 2010
PDF | More
ORDER denying 521, 639, 640, 1075, 1076, 1077, and 1078 Plaintiffs' Motions to Remand Mesi, Youngren, Huynh, Lee, Gillespie, Huck, and Caffeeto to State Court. Future motions in the above captioned actions should be filed under the individual case number rather than in the general MDL case number. Signed by Judge James A Teilborg on 12/28/10.(LSP)
January 3, 2011
PDF | More
ORDER striking Plaintiff's Consolidated Amended Master Complaint Regarding Claims Related to the Formation and Operation of the MERS System (Doc. 1205). FURTHER ORDERED denying as moot 1214 Stipulation for Extension of Time to Answer Complaint. Signed by Judge James A Teilborg on 1/3/11. (CV 09-2616-PHX; CV 10-78; 10-79; 10-80; 10-81; 10-630-PHX) (MAP)
January 25, 2011
PDF | More
ORDER regarding Stoffels that Defendants' two motions to dismiss (Doc. 707, 1168) are GRANTED. FURTHER ORDERED regarding Hearne that Defendants' two motions to dismiss (Doc. 471, 700) are GRANTED. FURTHER ORDERED regarding Burke that Defendants' seven motions to dismiss (Doc. 442, 455, 456, 459, 467, 472, 694) are GRANTED. FURTHER ORDERED regarding Dalby that Defendants' five motions to dismiss (Doc. 444, 460, 463, 469, 698) are GRANTED. FURTHER ORDERED regarding Mason that Defendants' four motions todismiss (Doc. 737, 755, 758, 794) are GRANTED. FURTHER ORDERED regarding Fitzgerald that Defendants' four motions to dismiss (Doc. 729, 738, 759, 1085) are GRANTED. FURTHER ORDERED regarding Whalen that Defendants' two motions to dismiss (Doc. 583, 703) are GRANTED. FURTHER ORDERED regarding Berilo that Defendants two motions to dismiss (Doc. 689, 739) are GRANTED. FURTHER ORDERED regarding Fitzwater that Defendants' motion to dismiss (Doc. 745) is GRANTED. FURTHER ORDERED regarding Evans that Defendants' two motions to dismiss (Doc. 765, 798) are GRANTED. FURTHER ORDERED regarding Kartman that Defendants' two motions to dismiss (Doc. 593, 740) are GRANTED. FURTHER ORDERED regarding Bricker that Defendants' three motions to dismiss (Doc. 575, 691, 747) are GRANTED. FURTHER ORDERED regarding Boyd that Defendants' two motions to dismiss (Doc. 697, 744) are GRANTED. FURTHER ORDERED regarding Golding that Defendants' two motions to dismiss (Doc. 746, 1011) are GRANTED. FURTHER ORDERED that Plaintiffs' First Motion for Leave to File Motion for Leave to File Consolidated Amended Master Complaint Regarding Claims Related to the Formation and Operation of the MERS System (Doc. 1229) is DENIED WITHOUT PREJUDICE. FURTHER ORDERED that the Clerk of the Court shall terminate the following motions for judicial notice: Doc. 477, Doc. 445, Doc. 690, Doc. 693, Doc. 702, Doc. 704, and Doc. 730. Signed by Judge James A Teilborg on 1/25/11. (CV 10-215; 216; 220; 221; 457; 460; 471; 485; 487; 488; 489; 492; 493; 494-PHX-JAT (MAP)
January 28, 2011
PDF | More
ORDER that Plaintiffs' Motions for Leave to Amend in Eastwood, CV 10-426-PHX-JAT, Vo, CV 10-425-PHX-JAT, Tyler, CV 10-706-PHX-JAT, Ellifritz, 10-427-PHX-JAT, McConathy, CV 10-428-PHX-JAT, Gutierrez, CV 10-707-PHX-JAT, Camacho-Villa, CV 10-1208-PHX-JAT, Freeto, CV 10-459-PHX-JAT, Funk, CV 10-1085-PHX-JAT, Sage, CV 10-456-PHX-JAT, Duncan, CV 10-414-PHX-JAT, Smith, CV 10-429-PHX-JAT, Gothan, et al. v. World Savings Bank, FSB, et al., CV 10-1418-PHX-JAT, Mikulaco, CV 10-705-PHX-JAT, Sieben, CV 10-1084-PHX-JAT, Yeghiyaian, CV 10-419-PHX-JAT, and Gothan, et al. v. Ownit Mortgage Solutions, Inc., et al., CV 10-1083-PHX-JAT, (Doc. 636, 637, 638, 646, 647, 665, 677, 678, 819, 843, 908, 909, 917, 962, 977, 978, 1014) are DENIED. FURTHER ORDERED that Plaintiff Ronald E. Freeto's Motion to Remand to State Court (Doc. 856) is DENIED, and, thus, Defendants' Motion to Strike Plaintiff's Reply to Response to Motion as Untimely and Oversized (Doc. 1034) is DENIED AS MOOT. FURTHER ORDERED that as to Barlow, CV 10-455-PHX-JAT, claims 2, 5-9, 13 and 14 and part of claims 3, 4, 10, 11, and 12 remain with the undersigned as part of the MDL and claim 1 and part of claims 3, 4, 10, 11, and 12 have been remanded to their respective transferor courts. MERS shall file a copy of this Order with each transferor court within the next two business days. With respect to any claims that have been remanded to the transferor court, Defendants shall answer or otherwise respond to those claims within fifteen days of this Order, unless any order of the transferor court is inconsistent with this Order, in which case, the order of the transferor court shall control. FURTHER ORDERED that as to Duncan, Sieben, CV 10-416-PHX-JAT, Huck, CV 10-417-PHX-JAT, Vo, Eastwood, Ellifritz, McConathy, Smith, Sage, and Freeto that within twenty days following this Order, Defendants shall answer or otherwise respond (including filing motions to dismiss) to the complaints if they have not done so already. Plaintiffs shall have until 2/28/11 to file responses to the Motions to Dismiss already pending in these cases. FURTHER ORDERED that Defendant Wells Fargo Bank, N.A.'s Motion For Summary Disposition (Doc. 930) in Duncan is DENIED. FURTHER ORDERED that Defendant The Cooper Castle Law Firm, LLP's Motion For Summary Disposition (Doc. 987) in Sage is DENIED. FURTHER ORDERED that Defendant Lime Financial Services, Ltd.'s Motion For Summary Disposition (Doc. 988) in Freeto is DENIED. FURTHER ORDERED that Defendant Ticor Title of Nevada, Inc.'s Motion For Summary Disposition (Doc. 1013) in Tyler is DENIED. FURTHER ORDERED that the Clerk of the Court will file a copy of this Order in each above-captioned member cases. FURTHER ORDERED that future motions in the above-captioned actions should be filed under the individual case number rather than in the general MDL case number. Signed by Judge James A Teilborg on 1/28/11. (CV 10-414; 416; 417; 425; 426; 427; 428; 429; 455; 456; 459; 705; 706; 707; 1083; 1084; 1085; 1208; 1418; 1419-PHX-JAT)(MAP)
October 3, 2011
PDF | More
ORDER denying 1563 Motion to Certify Questions of State Law to the Nevada Supreme Court. Signed by Judge James A Teilborg on 9/30/11. (cc: CV 10-1209-PHX) (MAP)
October 3, 2011
PDF | More
ORDER AND CERTIFICATION OF FINAL JUDGMENT. See Order for Complete Details. Signed by Judge James A Teilborg on 10/3/11.(MAP)
March 20, 2012
PDF | More
ORDER denying 1611 Plaintiff Milan Stejic's Motion to Reconsider Dismissal ofStejic. Signed by Judge James A Teilborg on 3/20/10. (CV 10-1547-PHX)(MAP)
April 13, 2012
PDF | More
ORDER denying 1622 Motion to Stay. See Order for Details and List of Related Member Cases. Signed by Judge James A Teilborg on 4/12/12. (MAP)
May 21, 2012
PDF | More
ORDER that Defendants Provident Funding Associates, LP and Max Default Services Corporation's Motion to Quash Lis Pendens (CV 10-1549-PHX-JAT, Doc. 6) is granted as follows: The lis pendens recorded with the Maricopa County Recorder on October 14, 2009 as document no. 2009-0950914 is quashed. The lis pendens recorded with the Maricopa County Recorder on January 8, 2010 as document no. 2010-0015786 is quashed. FURTHER ORDERED that Defendants' Request for Summary Disposition (CV 10-1549-PHX-JAT, Doc. 8) is denied as moot. FURTHER ORDERED The Clerk of the Court shall file a copy of this Order in MDL 09-2119-PHX-JAT and CV 10-1549-PHX-JAT. Signed by Judge James A Teilborg on 5/21/12. (MAP)
May 25, 2012
PDF | More
ORDER granting in part and denying in part 1664 Mortgage Electronic Registration Systems, Inc. and MERSCORP, Inc.'s Motion to Dismiss the First Amended Complaint. Part of Counts III, Part of Count IV (Equitable Relief), Part of Count IV (Punitive Damages) and Part of Count V have been remanded to the transferor court. The Clerk shall file a copy of this Order with the transferor court. The Clerk shall enter judgment for Defendants and the Clerk shall file a copy of this Order in MDL 09-2119-PHX-JAT and CV 11-00027-PHX-JAT. Signed by Judge James A Teilborg on 5/25/12.(LSP)
May 25, 2012
PDF | More
ORDER granting 1640 Mortgage Electronic Registration Systems, Inc. and MERSCORP, Inc.'s Motion to Dismiss and 1642 Defendant JP Morgan Chase Bank, N.A.'s Joinder thereto. The Clerk shall enter judgment for Defendants. The Clerk shall file a copy of this Order in MDL 09-2119-PHX-JAT and CV 11-8085-PCT-JAT. Signed by Judge James A Teilborg on 5/25/12.(LSP)
May 25, 2012
PDF | More
ORDER that Defendants Mortgage Electronic Registration Systems, Inc, MERSCORP, Inc., Aurora Loan Services, LLC, and Lehman Brothers Banks Motion to Dismiss (MDL 09-2119, Doc. 1626 and CV 10-2569, Doc. 18) and Defendant the Cooper Castle Law Firm's Joinder thereto is granted. Defendants Aurora Loan Services, LLC and Lehman Brothers Bank, FSBs Motion to Quash Lis Pendens (MDL 09-2119, Doc. 1651) and Defendant the Cooper Castle Law Firm's Joinder thereto is granted. Plaintiff is ordered to cancel the notice of pendency filed against the Property based on the claims that the Court has dismissed in this Order. The Clerk shall enter judgment for Defendants and the Clerk shall file a copy of this Order in MDL 09-2119-PHX-JAT and CV 10-2569-PHX-JAT. Signed by Judge James A Teilborg on 5/25/12.(LSP)
May 25, 2012
PDF | More
ORDER that Defendant LaSalle Bank, N.A.'s Motion to Dismiss (CV 10- 218, Doc. 49) is granted. IT IS ORDERED that Defendant Washington Mutual, FA is dismissed. The Clerk shall enter judgment for Defendants. The Clerk shall file a copy of this Order in MDL 09-2119-PHX-JAT and CV 10-218-PHX-JAT. Signed by Judge James A Teilborg on 5/25/12. (LSP)
May 25, 2012
PDF | More
ORDER that Defendant Countrywide Bank, FSB's Motion to Dismiss (MDL 09-2119, Doc. 1616) is granted. IT IS FURTHER ORDERED that Defendant Mortgage Electronic Systems Inc.'s Motion to Dismiss (MDL 09-2119, Doc. 1627) is granted. The Clerk shall enter judgment for Defendants. The Clerk shall file a copy of this Order in MDL 09-2119-PHX-JAT andCV 11-00173-PHX-JAT. Signed by Judge James A Teilborg on 5/25/12.(LSP)
June 1, 2015
PDF | More
ORDER denying 1833 Motion for Judgment on the Pleadings. FURTHER ORDERED that Plaintiff's request for oral argument is denied because the parties have been given multiple opportunities to address the issue of concern to the Court and have repeatedly failed to do so. Thus, the Court finds that oral argument would not aid the Court's decisional process on this topic because the parties will not address it. FURTHER ORDERED that the Clerk of the Court shall file a copy of this Order in both cases listed on this Order. Signed by Senior Judge James A Teilborg on 5/29/15. (CV-10-154-PHX)(MAP)
August 5, 2015
PDF | More
ORDER denying 1875 Motion for Reconsideration. The Clerk of Court shall file a copy of this Order in both cases listed on this Order. Signed by Senior Judge James A Teilborg on 8/4/15. (CV-10-1547-PHX-JAT) (MAP)
November 19, 2015
PDF | More
ORDER That the motion for relief under Rule 56(d) 1959 is granted to the limited extent that follows: Plaintiffs will be given until February 1, 2016 to file their responses to all pending motions for summary judgment. FURTHER ORDERED STRIKING the responses (and replies) already filed (Docs. 1960, 1961, 1962, 1963, 1970, 1971, 1972, 1973, and 1974 any duplicates of these documents filed in the respective member cases are also deemed striken). The parties will not be permitted to rely on or by reference these sticken documents and instead must file new, complete responses and replies. FURTHER ORDERED that Defendants's motion to file a sur-reply (Doc.1989) is denied as moot, and the lodged sur-reply at Doc. 1990 is striken. That Plaintiffs shall respond to the pending motions for summary judgment (Docs. 1921, 1923, 1979, 1981, 1983, 1985 and 1987) by February 1, 2016. All replies are due within the time limits set by the Civil Local Rules. Signed by Senior Judge James A Teilborg on 11/18/15.(MAP)
December 21, 2015
PDF | More
ORDER denying 1913 Plaintiffs Sally Robinson-Burke, Rosa Silvas and Thomas Bilyea's Motion to Certify Class; denying 1914 Plaintiffs Milan Stejic and Maria Hernandez's Motion to Certify Class and denying 1952 Defendant Aurora Loan Services, LLC's Motion for Leave to File Sur-Reply and (Doc. 50) filed in CV-10-1547-PHX-JAT). IT IS FINALLY ORDERED that the Clerk shall file a copy of this Order in all member cases listed. Signed by Senior Judge James A Teilborg on 12/21/15.(LSP)
April 20, 2016
PDF | More
ORDER RE SUPPLEMENTAL BRIEFING That U.S. Bank (as Trustee of the Trust which holds the Robinsons' loan) and Wells Fargo (whose exact relationship to this transaction has yet to be identified by either party, but who joined U.S. Bank's motion) shall file a supplemental brief on the issues discussed above not to exceed five pages by April 25, 2016. Plaintiffs and/or the MERS defendants may each respond, in a brief not to exceed five pages by April 29, 2016. FURTHER ORDERED that the Clerk of the Court must file a copy of this Order in both the MDL case number and the one member case listed above. Signed by Senior Judge James A Teilborg on 4/20/16. (CV-10-630) (MAP)
April 20, 2016
PDF | More
ORDER re Supplemental Briefing - IT IS ORDERED that the Robinson and Silvas Plaintiffs shall file a supplemental brief on the issues discussed above not to exceed five pages by April 25, 2016. Any Defendant may each respond, in a brief not to exceed five pages, by April 29, 2016. IT IS FURTHER ORDERED that the Clerk of the Court must file a copy of this Order in both the MDL case number and the one member case listed above. (See document for further details). Signed by Senior Judge James A Teilborg on 4/20/16. (LAD)
July 21, 2016
PDF | More
ORDER That Defendants' Motion to Dismiss (Doc. 1985 at 2, n.1) is GRANTED. Plaintiff Nicholas DeBaggiss claims against Defendants are DISMISSED without prejudice. FURTHER ORDERED that Defendants' Motion for Summary Judgment (Doc. 1985) is DENIED as moot. FURTHER ORDERED That, there being no just reason for delay, the Clerk of the Court shall enter judgment in favor of the MERS' Defendants and against Plaintiff Nicholas DeBaggis. Signed by Senior Judge James A Teilborg on 7/21/16. (MAP)
July 25, 2016
PDF | More
ORDER granting 1979 MERSCORP Holdings, Inc.'s and Mortgage Electronic Registration Systems, Inc.'s motion for summary judgment against the Robinsons and Silvas. FURTHER ORDERED granting 1923 Wells Fargo's and U.S. Bank's motion for summary judgment against the Robinson Plaintiffs. FURTHER ORDERED granting 1921 that Bank of America N.A's, Bank of New York Mellon's and ReconTrust's motion for summary judgment against Silvas. FURTHER ORDERED that the Clerk of the Court shall enter judgment in favor of these 7 Defendants and against these 3 Plaintiffs, accordingly. The Clerk of the Court shall close CV 10-630-PHX-JAT as a result of this Order. The Clerk of the Court shall file a copy of this Order in both the MD case number, and the member case number listed. Signed by Senior Judge James A Teilborg on 7/25/16. (CV-10-630-PHX) (MAP)
July 27, 2016
PDF | More
ORDER that MERSCORP Holdings, Inc.'s and Mortgage Electronic Registration Systems, Inc.'s motion for summary judgment against the Molina/Hernandez Plaintiffs (Doc. 1981) is granted. FURTHER ORDERED that the Clerk of the Court shall enter judgment in favor of these Defendants and against these Plaintiffs, accordingly. The Clerk of the Court shall close CV-10-1548-PHX-JAT as a result of this Order. The Clerk of the Court shall file a copy of this Order in both the MD case number, and the member case number listed. Signed by Senior Judge James A Teilborg on 7/27/16. (CV-10-1548)(MAP)
July 27, 2016
PDF | More
ORDER that MERSCORP Holdings, Inc.'s and Mortgage Electronic Registration Systems, Inc.'s motion for summary judgment against the Mr. Stejic (Doc.1983 is granted. FURTHER ORDERED that the stipulation to dismiss Aurora Loan Services, LLC, (Doc. 2072) is granted. Aurora Loan Services, LLC, is dismissed, with prejudice, with each party to bear its own fees and costs. FURTHER ORDERED that the Clerk of the Court shall not enter judgment at this time. The Clerk of the Court shall file a copy of this Order in both the MD case number, and the member case number listed. Signed by Senior Judge James A Teilborg on 7/27/16. (CV-10-1547-PHX)(MAP)
July 29, 2016
PDF | More
ORDER That MERSCORP Holdings, Inc.'s and Mortgage Electronic Registration Systems, Inc.'s motion for summary judgment against the Bilyeas (Doc. 1987) is granted. FURTHER ORDERED that Central Mortgage Company's motion for summary judgment (Doc. 2049 is granted. FINALLY ORDERED that the Clerk of the Court shall enter judgment in favor of these Defendants and against the Bilyeas accordingly. The Clerk of the Court shall close CV-10-1550-PHX-JAT as a result of this Order. The Clerk of the Court shall file a copy of this Order in both the MD case number, and the member case number listed. Signed by Senior Judge James A Teilborg on 7/29/16.(MAP)