Thomason v. One West Bank, FSB, Indy Mac Bank (MAG+)

Justia Dockets & Filings Eleventh Circuit Alabama Middle District Thomason v. One West Bank, FSB, Indy Mac Bank (MAG+)

Thomason v. One West Bank, FSB, Indy Mac Bank (MAG+)

Plaintiff:	Steven Thomason
Defendant:	One West Bank, FSB, Indy Mac Bank
Case Number:	2:2012cv00604
Filed:	July 11, 2012
Court:	US District Court for the Middle District of Alabama
Office:	Montgomery Office
County:	Montgomery
Presiding Judge:	Terry F. Moorer
Presiding Judge:	Myron H. Thompson
Nature of Suit:	Housing/Accommodations
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	None

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Date Filed	Document Text
March 11, 2016	Filing 78 OPINION AND ORDER: Pending before the court are the 56 Motion to Dismiss filed by defendants OneWest Bank, FSB, Ocwen Loan Servicing, LLC, Deutsche Bank National Trust Company, as Trustee for Home Equity Mortgage Loan Asset-BackedTrust Series INAPS 2006-A, Home Equity Mortgage Loan Asset-Backed Certificates Series INABS 2006-A and Mortgage Electronic Registration Systems, Inc., and defendant Eva Bank's 66 Motion to Dismiss and/or Require a More Definite Statement. Also pending before t he court are plaintiff's motions for summary judgment, one contained within his response to the motion to dismiss (doc. no. 68 ) and one filed separately (doc. no. 69 ), as well as defendants motionto strike (doc. no. 71 ) plaintiffs second m otion for summary judgment.On 3/1/2016, the United States Magistrate Judge entered an order (doc. no. 76 ) explaining that, after careful review of the amended complaint (doc. no. 49 ), he determined that the plaintiff may benefit from participation in the Pro Se Assistance Program (PSAP). The undersigned agrees. Accordingly, it is ORDERED as follows: (1) The motions to dismiss the amended complaint (doc. nos. 56 and 66 ) are denied with leave to renew. (2) The motion to require a more defin ite statement (doc. no. 66 ) is granted. The magistrate judge is toset an appropriate deadline for producing said more definite statement, once the issue of counsel for plaintiff has been resolved. (3) The motions for summary judgment (doc. nos. [68 ]and 69 ) are denied as premature. (4) The motion to strike (doc. no. 71 ) the motions for summary judgment is denied as moot. This case is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 3/11/2016. (dmn, )

Date Filed

Document Text

March 11, 2016

Filing 78 OPINION AND ORDER: Pending before the court are the 56 Motion to Dismiss filed by defendants OneWest Bank, FSB, Ocwen Loan Servicing, LLC, Deutsche Bank National Trust Company, as Trustee for Home Equity Mortgage Loan Asset-BackedTrust Series INAPS 2006-A, Home Equity Mortgage Loan Asset-Backed Certificates Series INABS 2006-A and Mortgage Electronic Registration Systems, Inc., and defendant Eva Bank's 66 Motion to Dismiss and/or Require a More Definite Statement. Also pending before t he court are plaintiff's motions for summary judgment, one contained within his response to the motion to dismiss (doc. no. 68 ) and one filed separately (doc. no. 69 ), as well as defendants motionto strike (doc. no. 71 ) plaintiffs second m otion for summary judgment.On 3/1/2016, the United States Magistrate Judge entered an order (doc. no. 76 ) explaining that, after careful review of the amended complaint (doc. no. 49 ), he determined that the plaintiff may benefit from participation in the Pro Se Assistance Program (PSAP). The undersigned agrees. Accordingly, it is ORDERED as follows: (1) The motions to dismiss the amended complaint (doc. nos. 56 and 66 ) are denied with leave to renew. (2) The motion to require a more defin ite statement (doc. no. 66 ) is granted. The magistrate judge is toset an appropriate deadline for producing said more definite statement, once the issue of counsel for plaintiff has been resolved. (3) The motions for summary judgment (doc. nos. [68 ]and 69 ) are denied as premature. (4) The motion to strike (doc. no. 71 ) the motions for summary judgment is denied as moot. This case is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 3/11/2016. (dmn, )

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Plaintiff: Steven Thomason
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Defendant: One West Bank, FSB, Indy Mac Bank
Represented By:	Colin Thomas Dean
Represented By:	Shaun Kevin Ramey
Represented By:	Meaghan Elizabeth Ryan
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