Bilyea et al v. DSL Service Company et al
||Thomas W Bilyea and Laurie S Bilyea
||DSL Service Company, DLSA Mortgage Loan Trust 2006-AR1, U.S. Bank NA, Central Mortgage Company and Mortgage Electronic Registration Systems Incorporated
||July 22, 2010
||US District Court for the District of Arizona
||Phoenix Division Office
||James A Teilborg
|Nature of Suit:
||Real Property: Foreclosure
|Cause of Action:
||28 U.S.C. § 1441 Petition for Removal- Breach of Contract
|Jury Demanded By:
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|July 29, 2016
ORDER That MERSCORP Holdings, Inc.'s and Mortgage Electronic Registration Systems, Inc.'s motion for summary judgment against the Bilyeas (Doc. 56 ) is granted. FURTHER ORDERED that Central Mortgage Company's motion for summary j udgment (Doc. 65 ) is granted. FURTHER 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)
|July 22, 2010
ORDER granting/denying in parte Motion to Remand Certain Claims (Doc. #457, in MDL-2119). 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 th e bifurcation of this case within this district, the Clerk of the Court is directed to bifurcate Bilyea into two cases; the Clerk of the Court shall draw and assign a new Phoenix case number to the portion of the Bilyea case that is remaining with th e 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 Bilyea case number back to Judge Silver...SEE ORDER FOR FULL DETAILS. Signed by Judge James A Teilborg on 7/22/10. (Original Order filed in MDL-2119 (Doc. 964)). (MAP)
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