McWhorter et al v. Ocwen Loan Servicing LLC et al
||Harold McWhorter and Robert Fielder
||Ocwen Loan Servicing LLC and Western Union Business Solutions (USA) LLC
||October 19, 2015
||US District Court for the Northern District of Alabama
||Madeline Hughes Haikala
|Nature of Suit:
|Cause of Action:
||15 U.S.C. § 1692
|Jury Demanded By:
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|September 28, 2017
MEMORANDUM OPINION AND ORDER - For the reasons discussed above, the Court DENIES Ocwens motion to dismiss the plaintiffs amended complaint with respect to Mr. McWhorter (Doc. 9). Further, the Court DENIES Ocwens motion for leave to file a response to Mr. McWhorters evidentiary submission (Doc. 35). The parties shall confer and file a Rule 26(f) Report within 30 days of the date of this order. Signed by Judge Madeline Hughes Haikala on 9/28/2017. (KEK)
|August 3, 2017
MEMORANDUM OPINION AND ORDER - For the reasons discussed above, the Court GRANTS Western Unions motion to dismiss the plaintiffs amended complaint. (Doc. 11). The Court DENIES Ocwens motion to dismiss the plaintiffs amended complaint with respect to Mr. Fielder (Doc. 9). With respect to Mr. McWhorter, the Court DEFERS ruling on Ocwens motion to dismiss the plaintiffs amended complaint pending a period of limited discovery. On or before September 7, 2017, Mr. McWhorter shall submit a copy of his trial modification agreement with GMAC, if such an agreement exists, and any other documentation related to his trial modification that speaks to whether the trial modification superseded his original loan agreement with GMAC. Signed by Judge Madeline Hughes Haikala on 8/3/2017. (KEK)
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