Adkins et al v. Morgan Stanley et al
| Beverly Adkins, Charmaine Williams, Rebecca Pettway, Rubbie McCoy, William Young and Michigan Legal Services |
| Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Abs Capital I Inc., Morgan Stanley Mortgage Capital Inc. and Morgan Stanley Mortgage Capital Holdings LLC |
| 1:2012cv07667 |
| October 15, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Harold Baer |
| Civil Rights: Accommodations |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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Filing
230
OPINION & ORDER re: 127 MOTION to Certify Class Notice of Plaintiffs' Motion and Motion for Class Certification. filed by Rubbie McCoy, Charmaine Williams, Rebecca Pettway, William Young, Michigan Legal Services, Beverly A dkins, 188 MOTION to Exclude All Opinions Contained in the Report of Patricia A. McCoy and One Opinion Contained in the Report of Ian Ayres , filed by Morgan Stanley & Co. LLC, Morgan Stanley, Morgan Stanley Mortgage Capital Holdi ngs LLC, Morgan Stanley Abs Capital I Inc., Morgan Stanley Mortgage Capital Inc. Plaintiffs' Motion for Class Certification is DENIED and Defendants' Motion to Exclude All Opinions Contained in the Report of Patricia A. McCoy and One Op inion Contained in the Report of Ian Ayres is DISMISSED as moot. While the Plaintiffs' April 16, 2015 letter did not fully address the effect that a denial of class certification would have on the Plaintiffs' practical ability to pursue thi s lawsuit (notwithstanding the fact that they would not legally be barred from doing so), the Court recognizes the likelihood that this ruling constitutes a "death knell" for Plaintiffs' lawsuit, cf. Sumitomo Copper Litig. v. Credit Ly onnais Rouse, Ltd., 262 F.3d 134, 140-41 (2d Cir. 2001), and that appellate review pursuant to Rule 23(f) may therefore be appropriate, see Levitt v. PriceWaterhouseCooper LLP, No. 07-3334-mv, 2007 WL 4060136 (2d Cir. Nov. 7, 2007). The Clerk of the Court is respectfully directed to terminate Dkt. 127 and Dkt. 188. (Signed by Judge Valerie E. Caproni on 5/14/2015) (spo)
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Filing
47
OPINION AND ORDER: re: 36 MOTION to Dismiss (Notice of Defendants' Motion to Dismiss). MOTION to Dismiss (Notice of Defendants' Motion to Dismiss). filed by Morgan Stanley & Co. LLC, Morgan Stanley, Morgan Stanley Mortgage Capital Holdings LLC, Morgan Stanley Abs Capital I Inc., Morgan Stanley Mortgage Capital Inc. For the foregoing reasons, Morgan Stanley's motion to dismiss is GRANTED as to Plaintiffs' ELCRA and ECOA claims. The motion is DENIED with respect to Plaintiffs' FHA claims. The Clerk of Court is directed to close this motion and remove it from my docket. SO ORDERED.(Signed by Judge Harold Baer on 7/25/2013) (ama)
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