Mortgage Resolution Servicing, LLC et al v. JPMorgan Chase Bank, N.A. et al
| Mortgage Resolution Servicing, LLC, 1st Fidelity Loan Servicing, LLC and S & A Capital Partners, Inc. |
| JPMorgan Chase Bank, N.A., Chase Home Finance, LLC. and JPMorgan Chase & Co. |
| 1:2015cv00293 |
| January 15, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Laura Taylor Swain |
| Racketeer Influenced and Corrupt Organizations |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
439
MEMORANDUM ORDER: re: 430 MOTION for Reconsideration, Notice of Motion for Partial Reconsideration filed by 1st Fidelity Loan Servicing, LLC, Mortgage Resolution Servicing, LLC, S & A Capital Partners, Inc., 431 MOTION for Reconsideratio n re; 423 Memorandum & Opinion Memorandum in support of Partial Reconsideration as to post December 24, 2009 damages filed by 1st Fidelity Loan Servicing, LLC, Mortgage Resolution Servicing, LLC, S & A Capital Partners, Inc. For the foregoing reasons, Plaintiffs' motion for reconsideration is denied. This Memorandum Order resolves docket entry nos. 430 and 431. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/22/2021) (ama)
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Filing
423
MEMORANDUM OPINION AND ORDER: re: 350 MOTION for Partial Summary Judgment on Liability as to Plaintiffs' Breach of Contract Claims filed by 1st Fidelity Loan Servicing, LLC, Mortgage Resolution Servicing, LLC, S & A Capital Partners, Inc., [3 01] MOTION for Partial Summary Judgment on Plaintiff's Contract, Fraud, and Negligent Misrepresentation Claims filed by JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., 357 MOTION to Preclude Testimony of Jeffrey S. Andrien filed by JPMorgan C hase & Co., JPMorgan Chase Bank, N.A., Chase Home Finance, LLC., 360 MOTION for Partial Summary Judgment On Plaintiffs' Contract and Damages Claims filed by JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Chase Home Finance, LLC., 321 MOTIO N for Partial Summary Judgment filed by Mortgage Resolution Servicing, LLC. For the foregoing reasons, Chase's July 2018 motion for partial summary judgment is granted to the extent that it seeks dismissal of MRS's breach of contract, fraud , and negligent misrepresentation claims as time-barred, and to the extent that it seeks to dismiss Plaintiffs' claim for punitive damages. Chase's March 2019 motion for partial summary judgment on Plaintiffs' contract and damages clai ms is granted with respect to Plaintiffs' remaining breach of contract claims, including Plaintiffs' claim for disgorgement. In light of those determinations, the Court grants Chase's March 2019 motion to exclude the testimony of Jeffr ey S. Andrien, and denies as moot MRS's October 2018 motion for partial summary judgment on its fraud and negligent misrepresentation claims, as well as Plaintiffs' March 2019 motion for partial summary judgment with respect to any time-bar red breach of contract claims. Plaintiffs' March 2019 motion for partial summary judgment on any remaining breach of contract claims is denied. The Clerk of Court is respectfully requested to enter judgment accordingly and to close this case. This Memorandum Opinion and Order resolves docket entry nos. 301, 321, 350, 357, and 360. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/27/2019) (ama) Transmission to Orders and Judgments Clerk for processing.
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Filing
288
MEMORANDUM OPINION AND ORDER: re: 150 MOTION for Leave to File FOURTH AMENDED AND SUPPLEMENTED COMPLAINT AND AMENDED RICO CASE STATEMENT UNDER F.R.C.P 15 filed by 1st Fidelity Loan Servicing, LLC, Mortgage Resolution Servicing, LLC, S & A Capital Partners, Inc. For the foregoing reasons, Plaintiffs' motion for leave to file a Fourth Amended Complaint is denied to the extent that it seeks leave to reinstate Plaintiffs' conversion, tortious interference, and civil RICO claims, add a n ew claim for promissory estoppel, and add 1st Fidelity and S&A as plaintiffs to MRS's claims for fraud and fraudulent inducement. Plaintiffs' motion for leave to file a Fourth Amended Complaint is granted to the extent that it seeks to augm ent facts related to Plaintiffs' remaining causes of action. In light of the Court's ruling on Plaintiffs' motion for leave to file a Fourth Amended Complaint, Plaintiffs' request to strike Chase's letter and permit the filin g of unspecified supplemental pleadings is denied. This Memorandum Opinion and Order resolves docket entry no. 150. This case remains referred to Magistrate Judge Lehrburger for general pre-trial management. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/30/2018) (ama)
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Filing
228
MEMORANDUM OPINION AND ORDER: re: 189 MOTION for Temporary Restraining Order Preliminary Injunction filed by 1st Fidelity Loan Servicing, LLC, Mortgage Resolution Servicing, LLC, S & A Capital Partners, Inc. For the foregoing reasons, Plaintiffs&# 039; motion for a preliminary injunction is denied in its entirety. This Memorandum Opinion and Order resolves docket entry no. 189. This case remains referred to Magistrate Judge Francis for general pre-trial management. SO ORDERED (Signed by Judge Laura Taylor Swain on 9/12/2017) (ama)
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Filing
205
MEMORANDUM AND ORDER granting in part and denying in part [1 in 17-mc-0166] Motion to Compel; granting in part and denying in part [1 in 17-mc-0166] Motion for miscellaneous relief, specifically to Transfer Motion to the Issuing Court by 1st Fidel ity Loan Servicing, LLC, Mortgage Resolution Services, LLC, S & A Capital Partners, Inc. The plaintiffs have filed a motion to compel compliance with their subpoena to depose a third-party witness, Erika Lance, who refused to answer certain questio ns on the basis that they called for the disclosure of trade secrets. The plaintiffs seeks sanctions, apparently under Rule 37(a)(5) of the Federal Rules of Civil Procedure, for Ms. Lance's "obstruct[ion]" of her original deposition. I will not impose sanctions here. (As further set forth in this Order.) For the foregoing reasons, the plaintiffs' Motion to Compel Compliance with Subpoena of Third-Party Witness Erika Lance and for Sanctions (Docket no. 1 in 17 MC 166) is granted in part and denied in part as discussed above. (Signed by Magistrate Judge James C. Francis on 7/6/2017) Copies Sent By Chambers. (cf) Modified on 7/6/2017 (cf).
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Filing
183
MEMORANDUM AND ORDER. For the reasons discussed, the plaintiffs' Motion Challenging the Designations of the Deposition Transcripts of Third-Party Witnesses Bryan Bly and Erika Lance (Docket no. 165) is granted, but the effect of this order is st ayed as set forth above. So ordered. Granting 165 MOTION CHALLENGING THE DESIGNATION OF THE DEPOSITION TRANSCRIPTS OF THIRD-PARTY WITNESSES BRIAN BLY AND ERIKA LANCE. (Signed by Magistrate Judge James C. Francis on 5/16/2017) Copies transmitted this date. (rjm)
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Filing
140
MEMORANDUM OPINION AND ORDER: re: 76 MOTION to Dismiss Counts Four Through Nine of Plaintiffs' Third Amended Complaint filed by JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Chase Home Finance, LLC. For the foregoing reaso ns, Defendants' motion to dismiss is denied with respect to counts six and seven of the TAC, and is granted with respect to counts four, five, eight, and nine is granted. Plaintiffs may move for leave to amend by March 6, 2017, which motion must be accompanied by a proposed amended complaint and a blackline comparison of the proposed amended complaint to the Complaint. This Memorandum Opinion and Order resolves docket entry no. 76. The case remains referred to Magistrate Judge Francis for general pre-trial management.SO ORDERED., ( Motions due by 3/6/2017.) (Signed by Judge Laura Taylor Swain on 2/13/2017) (ama)
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Filing
111
MEMORANDUM AND ORDER granting in part and denying in part 93 Motion to Compel; granting 98 Motion for Protective Order. For the foregoing reasons, the plaintiffs' motion to compel (Docket no. 93) is granted in part as set out above. The defendants' cross-motion for a protective order (Docket no. 98) is granted. (As further set forth in this Order.) (Signed by Magistrate Judge James C. Francis on 7/14/2016) Copies sent by Chambers (cf)
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Filing
87
MEMORANDUM OPINION AND ORDER: For the foregoing reasons, Defendants' motion to transfer is denied. This Order resolves docket entry no. 42. This case remains assigned to Magistrate Judge Francis for general pre-trial management per docket entry no. 31. (As further set forth in this Order) (Signed by Judge Laura Taylor Swain on 12/22/2015) (kl)
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Filing
75
MEMORANDUM AND ORDER denying 42 Motion to Change Venue: For the foregoing reasons, the defendants' motion to transfer (Docket No. 42) is denied. (Signed by Magistrate Judge James C. Francis on 10/28/2015) Copies Mailed By Chambers. (tn)
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