Simms v. Nationstar Mortgage, LLC et al
||Michael W. Simms
||Metropolitan St. Louis Sewer District, St. Louis County Department of Revenue, Federal National Mortgage Association, Nationstar Mortgage, LLC and South & Associates, PC
||February 11, 2014
||US District Court for the Eastern District of Missouri
||St. Louis Office
||St. Louis - County
||Charles A. Shaw
|Nature of Suit:
||All Other Real Property
|Cause of Action:
||28 U.S.C. § 1332
|Jury Demanded By:
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|September 3, 2014
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that defendant South & Associates, P.C.'s Motion to Dismiss Plaintiffs First Amended Petition is GRANTED in part and DENIED in part; the motion is GRANTED as to the tort claim for wrongful foreclosure in Count I, and the quiet title claim against South in Count II; the motion is DENIED as to the equitable foreclosure claim in Count I. [Doc. 26 ] IT IS FURTHER ORDERED that plaintiff's Motion to File Second Amended Complaint is GRANTED in pa rt and DENIED in part as follows: The motion is (1) DENIED as to a tort claim for wrongful foreclosure, unless plaintiff alleges that he was not in default under the mortgage when the foreclosure proceedings began; (2) GRANTED as to an equitable f oreclosure claim; (3) GRANTED as to a quiet title claim, except that South & Associates, PC shall not be named as a defendant therein unless plaintiff alleges facts to show that South claims some title, estate or interest in the subject property; a nd (4) DENIED as futile on the claim for abuse of process. [Doc. 44 ] IT IS FURTHER ORDERED that plaintiff shall file any amended complaint by September 15, 2014, and the same shall be in accordance with the terms of this Memorandum and Order. IT IS FURTHER ORDERED that the Court will issue an appropriate order of partial dismissal in accordance with this Memorandum and Order after plaintiff's amended complaint is filed. Signed by District Judge Charles A. Shaw on 9/3/14. (KXS)
|April 18, 2014
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the stay of this matter is VACATED. IT IS FURTHER ORDERED that plaintiffs Motion to Remand is DENIED. [Doc. 11]IT IS FURTHER ORDERED that plaintiffs claims against defendants St. Louis County, Missouri ( sued as St. Louis County Department of Revenue) and the Metropolitan St. Louis Sewer District are DISMISSED. An order of partial dismissal will accompany this Memorandum and Order. re: 11 MOTION to Remand Case to State Court filed by Plaintiff Michael W. Simms Signed by District Judge Charles A. Shaw on 4/18/14. (JWJ)
|April 15, 2014
ORDER CONCERNING REMOVAL: IT IS HEREBY ORDERED that by April 18, 2014, defendant Nationstar shall file an Amended Notice of Removal which shall allege facts establishing plaintiffs citizenship and the state(s) of citizenship of Nationstars ultimate member, NSM Holdings, Inc., both at the time of filing and the time of removal. IT IS FURTHER ORDERED that if defendant Nationstar does not timely and fully comply with this order, this matter will be remanded to the state court from which it was removed, for lack of subject matter jurisdiction. IT IS FURTHER ORDERED that all other proceedings in this case are STAYED pending further order of this Court. Signed by District Judge Charles A. Shaw on 4/15/2014. (RAK)
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