TAGGART v. MORGAN STANLEY ABS CAPITAL I INC. TRUST 2007-HE2 et al
| KENNETH J. TAGGART |
| MORGAN STANLEY ABS CAPITAL I INC. TRUST 2007-HE2, DEUTSCHE BANK NATIONAL TRUST COMPANY, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., MERSCORP, INC., U.S. BANK N.A., EUGENE JASKIEWICZ, VALERIE SCHLECTER and DOES |
| 5:2016cv00062 |
| January 7, 2016 |
| US District Court for the Eastern District of Pennsylvania |
| Allentown Office |
| Bucks |
| EDWARD G. SMITH |
| All Other Real Property |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
41
ORDER THAT THE PLAINTIFFS MOTIONS TO REMAND (DOC. NOS. 8 , 19 ) ARE DENIED; THE PLAINTIFFS CLAIMS AGAINST THE DEFENDANTS, MORGAN STANLEY ABS CAPITAL I INC. TRUST 2007-HE2, EUGENE JASKIEWICZ, AND VALERIE SCHLECHTER, ARE DISMISSED PURSUANT TO THE DOC TRINE OF FRAUDULENT JOINDER; THE MOTION TO DISMISS FILED BY THE DEFENDANTS, DEUTSCHE BANK NATIONAL TRUST COMPANY, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., MERSCORP HOLDINGS, INC., AND U.S. BANK, N.A., (DOC. NO. 7 ) IS GRANTED IN PART AND DENI ED IN PART AS FOLLOWS: A. THE MOTION TO DISMISS THE QUIET TITLE CLAIMS UNDER PENNSYLVANIA RULE OF CIVIL PROCEDURE 1061 AGAINST THE DEFENDANTS, DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC.TURST 2007-HE2 AND U. S. BANK, N.A., IS DENIED; AND B. THE MOTION TO DISMISS THE REMAINING CLAIMS IS GRANTED AND ALL OTHER CLAIMS AGAINST ALL DEFENDANTS ARE DISMISSED WITHOUT PREJUDICE; 4. THE PLAINTIFFS MOTION TO STAY (DOC. NO. 23 ) IS DENIED; AND 5. THE MOTION TO DISMISS FILED BY THE DEFENDANT, EUGENE JASCKIEWICZ, (DOC. NO. 30 ) IS DENIED AS MOOT. SIGNED BY HONORABLE EDWARD G. SMITH ON 8/1/16. 8/1/16 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED.(mas, )
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