Wong, et al v. Wells Fargo Bank N.A. et al
| James G Wong, Daniel R. Jensen, Wanda D. Jensen and Terry Lovett |
| Wells Fargo Bank N.A., Bann-Cor Mortgage, Master Financial, Inc, Master Financial Asset Securitization Trust 1997-1, Master Financial Asset Securitization Trust 1998-1, Master Financial Asset Securitization Trust 1998-2, US Bank NA, US Bank NA ND, Wilmington Trust Company, Firstplus Home Loan Owner Trust 1997-1, Firstplus Home Loan Owner Trust 1997-2, Firstplus Home Loan Owner Trust 1997-3, Firstplus Home Loan Owner Trust 1997-4, Firstplus Home Loan Owner Trust 1998-1, Firstplus Home Loan Owner Trust 1998-2, Firstplus Home Loan Owner Trust 1998-3, Firstplus Home Loan Owner Trust 1998-4, Firstplus Home Loan Owner Trust 1998-5, Empire Funding Home Loan Owner Trust 1997-1, Empire Funding Home Loan Owner Trust 1997-2, Empire Funding Home Loan Owner Trust 1997-3, Empire Funding Home Loan Owner Trust 1997-4, Empire Funding Home Loan Owner Trust 1998-1, Empire Funding Home Loan Owner Trust 1998-2, Empire Funding Home Loan Owner Trust 1998-3, Empire Funding Home Loan Owner Trust 1999-1, Countrywide Homes Loans, Inc., Countrywide Home Loan Trust 2001-HLV1, Cityscape Home Loan Owner Trust 1997-2, Cityscape Home Loan Owner Trust 1997-3, Cityscape Home Loan Owner Trust 1997-4, Cityscape Home Equity Loan Trust Series 1997 B, Cityscape Home Equity Loan Trust Series 1997 C, US Bank Trust, N.A., PSB Lending Corporation, PSB Lending Home Loan Owner Trust 1997-3, PSB Lending Home Loan Owner Trust 1997-4, Residential Funding Company, LLC, GMAC Mortgage, LLC, J.P. Morgan Chase Bank, NA, Home Loan Trust 1997-HI3, Amaximis Company, LLC, Amaximis Lending, LP, The Bank of New York Mellon Corporation, Citimortgage, Inc., Comstar Mortage Corporation, Franklin Credit Management Company, Ocwen Loan Servicing, LLC, Old Republic Financial Acceptance Corporation, Realtime Resolutions, Inc., Sovereign Bank and DOES 47 THROUGH 100 |
| 4:2010cv01038 |
| October 22, 2010 |
| US District Court for the Western District of Missouri |
| Kansas City Office |
| Jackson |
| Dean Whipple |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
498
ORDER granting 472 Defendant JPMorgan Chase, N.A., as Former Trustee and as successor to Chase Manhattan Bank, N.A.'s (Former Trustee Chase) motion for summary judgment based upon expiration of statue of limitations. Court declines to accept p laintiffs' stipulation 491 . All claims against Former Trustee Chase are dismissed; denying as moot 482 Defendants' Motion to Decertify the Plaintiff Class as to Defendant JPMorgan Chase, N.A., as Successor to Chase Manhattan Bank (For mer Trustee Chase), Defendant JPMorgan Chase, N.A., as Successor by Merger to Bank One, N.A. (JPM-Bank One), and Wilmington Trust Company; and granting 485 Named Plaintiffs' and Defendant U.S. Bank National Association ND's Joint Motio n for an Order and Final Judgment Dismissing U.S. Bank National Association ND as a Party with Prejudice. The Court dismisses the claims against U.S. Bank National Association ND with prejudice. Plaintiffs ORDERED to submit a proposal for resolving claims against non-participating defendants on or before JUNE 3, 2013. Signed on 5/7/13 by Chief District Judge Fernando J. Gaitan, Jr. (Enss, Rhonda)
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Filing
494
ORDER granting 457 defendant WTC's motion to dismiss case. The claims against WTC are dismissed w/prejudice. Signed on 3/25/13 by Chief District Judge Fernando J. Gaitan, Jr. (Enss, Rhonda)
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Filing
462
ORDER - 1) Defendants' Motion for Leave to File Reply Brief 428 is GRANTED; 2) The Bank of New York Mellon Corporation's Motion for Summary Judgment 398 is DENIED, and plaintiffs' Seventh Amended Complaint 34 is amended by interli neation, replacing every instance of The Bank of New York Mellon (a/k/a The Bank of New York Mellon Corporation) (formerly The Bank of New York) with The Bank of New York Mellon (f/k/a The Bank of New York); 3) The Bank of New York Mellon Corporation 's Motion to Strike 430 is DENIED AS MOOT; 4) The Court RECONSIDERS its previous order on motions to dismiss 395 and finds that (a) Bank One's Motion 355 should be GRANTED IN PART as to the Nasi loan, and DENIED WITHOUT PREJUDICE in part as related to other loans; (b) PSB's Motion 356 is GRANTED and the claims against PSB are DISMISSED WITH PREJUDICE; (c) PSB 1997-3 Trust's Motion 357 is GRANTED and the claims against PSB 1997-3 Trust are DISMISSED WITH PREJUDICE; and (d)Real Time's Motion 359 is GRANTED and the claims against Real time are DISMISSED WITH PREJUDICE; (5)The Court sua sponte dismisses the claims of named plaintiffs James Wong, Daniel and Wanda Jensen, Terry Brooks, Alfred Celia, Vicki Mu sgrave, and David and Stacey Plocek, as the loans closed outside the applicable statute of limitations; 6)The Court sua sponte dismisses the claims against defendants Franklin Credit Management Corporation and The Bank of New York Mellon, as plaintif fs have failed to plead a loan made within the limitations period that relates to these defendants; 7)Plaintiffs are ORDERED to file a motion for leave to file an Eighth Amended Complaint on or before January 30, 2013, as instructed at page 13 of thi s Order; and 8) Remaining defendants are ORDERED to file a motion to decertify the class on or before February 28, 2013. Plaintiffs' response is due on or before March 21, 2013, and defendants' reply is due on or before April 4, 2013. Signed on 1/14/13 by Chief District Judge Fernando J. Gaitan, Jr. (Enss, Rhonda)
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Filing
395
ORDER - Defendant Franklin Credit Management Corporation's Motion to Dismiss Plaintiffs' Seventh Amended Complaint 351 is DENIED; Moving Defendants' Motion to Dismiss Plaintiffs' Seventh Amended Complaint 353 is GRANTED; Mot ion to Dismiss and Suggestions in Support of Defendant JPMorgan Chase Bank, N.A. as Successor by Merger to Bank One, N.A., Based upon the Expiration of the Statute of Limitations 355 is DENIED; Motion to Dismiss and Suggestions in Support of Defen dant PSB Lending Corp., Based upon the Expiration of the Statute of Limitations 356 is GRANTED IN PART as it relates to the Celia loan, and DENIED IN PART as it relates to the Plocek loan; the PSB 1997-3 Trusts Motion to Dismiss Plaintiffs Sevent h Amended Complaint 357 is DENIED; Real Time Resolutions, Inc.'s and Old Republic Financial Acceptance Corporation's Motion to Dismiss Plaintiffs' Seventh Amended Complaint 359 is DENIED IN PART as it relates to Real Time Resolu tions, Inc., and GRANTED IN PART on statute of limitations grounds as to Old Republic Financial Acceptance Corporation; CitiMortgage, Inc.'s Joinder in Motion to Dismiss for Lack of Standing or, in the Alternative, Motion for More Definite Sta tement and Suggestions in Support of Motion 361 is GRANTED; and Defendant CitiMortgage, Inc.'s Joinder in Motion to Dismiss Seventh Amended Complaint 362 is GRANTED IN PART as it relates to failure to state a claim and DENIED AS MOOT IN PART as it relates to the statute of limitations defense. Signed on 7/10/12 by Chief District Judge Fernando J. Gaitan, Jr. (Enss, Rhonda)
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Filing
311
ORDER - (1) Defendants' Motion to Dismiss Plaintiffs' Complaint for Lack of Personal Jurisdiction 31 is DENIED; (2) Plaintiffs' Motion for Leave to File Sur-Reply to Motion to Dismiss for Lack of Personal Jurisdiction 163 is DENIED ; (3) Various Defendants' Motions to Dismiss for Lack of Standing 12 , 124 , 142 , and 172 are DENIED; (4) Plaintiffs' Motion for Extension of Time to File a Response to Doc. No. 235 245 is GRANTED; (5) Defendant Sovereign Bank' s Motion to Dismiss Plaintiffs' Complaint as Preempted by Federal Law 14 is DENIED; (6) Plaintiffs' Motion for Leave to File Sur-Reply to Motion to Dismiss Based on Preemption 161 is DENIED; (7) Defendant U.S. Bank National Association& #039;s Motion to Dismiss Plaintiffs' Complaint 29 is DENIED WITHOUT PREJUDICE to its reassertion upon the filing of an amended complaint; (8) Defendant JPMorgan Chase Bank, N.A., as Former Trustee's Alternative Motion for More Definite St atement 149 is GRANTED; (9) Wilmington Trust Company's Motion to Dismiss 178 is DENIED IN PART, DENIED WITHOUT PREJUDICE IN PART, AND DENIED AS MOOT IN PART; (10) The Moving FirstPlus Trusts' Motion to Dismiss Plaintiffs' Petition for Lack of Personal Jurisdiction 239 is DENIED; (11) The Moving Empire Funding Trusts' Motion to Dismiss Plaintiffs' Petition for Lack of Personal Jurisdiction 241 is DENIED; (12) Cityscape Home Loan Owner Trusts' and Trustee' ;s Motion to Dismiss Plaintiffs' Complaint for Lack of Jurisdiction 246 is DENIED IN PART and DENIED WITHOUT PREJUDICE IN PART; and (13) Plaintiffs are directed to file a motion for leave to file an amended complaint on or before JUNE 30, 2011, addressing the concerns outlined. Signed on 6/9/11 by Chief District Judge Fernando J. Gaitan, Jr. (Enss, Rhonda)
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Filing
269
ORDER denying 46 plaintiff's motion to remand. Signed on 4/18/11 by Chief District Judge Fernando J. Gaitan, Jr. (Enss, Rhonda)
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Filing
74
ORDER denying 58 plaintiffs' motion for Leave to Conduct Expedited Limited Jurisdictional Discovery. Signed on 12/08/10 by Chief District Judge Fernando J. Gaitan, Jr. (Enss, Rhonda)
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Filing
54
ORDER - Motions terminated: denying 37 and 48 plaintiffs' motions for extension of time to file responses. Plaintiffs will be allowed to file suggestions in opposition/responses to defendants Sovereign Bank and U.S. Banks motions to dismiss 12 , 14 , 29 , and 31 and are now due 12/13/2010 unless otherwise directed by the court. Signed on 11/30/10 by Chief District Judge Fernando J. Gaitan, Jr. (Enss, Rhonda)
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Filing
36
ORDER denying 25 plaintiffs' motion to stay. Signed on 11/10/10 by Chief District Judge Fernando J. Gaitan, Jr. (Enss, Rhonda) Modified on 11/10/2010 to acknowledge the order was mailed to Bradley Raple Rasmussen Willis Dickey & Moore, LLC, 9200 Ward Parkway, Ste 310, Kansas City, MO 64114 (Beard, Melanie).
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