Deutsche Bank National Trust Company v. Morgan Stanley Mortgage Capital Holdings LLC
| Deutsche Bank National Trust Company |
| Morgan Stanley Mortgage Capital Holdings LLC |
| 1:2014cv03020 |
| April 28, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Orange |
| Laura Taylor Swain |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
145
OPINION & ORDER: re: 111 MOTION for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56(c), filed by Morgan Stanley Mortgage Capital Holdings LLC. For the foregoing reasons, defendant's motion for summary judgment is DENIED in its entirety. The Clerk of Court is directed to terminate the open motion at ECF No. 111, and as further set forth in this order. (Signed by Judge Katherine B. Forrest on 1/25/2018) (ap)
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Filing
141
OPINION & ORDER: For the reasons stated above, this Court hereby VACATES the Memorandum Opinion & Order at ECF No. 47 to the extent it dismisses Count III of Deutsche Bank's complaint. Count III, alleging breach of contract based on Morgan Stanley's failure to notify Deutsche Bank of material breaches in the underlying loan pool, is accordingly REINSTATED in this case. SO ORDERED. (Signed by Judge Katherine B. Forrest on 1/10/2018) (ama)
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Filing
47
MEMORANDUM OPINION AND ORDER re: 18 MOTION to Dismiss Plaintiff's Complaint. filed by Morgan Stanley Mortgage Capital Holdings LLC. The Court grants Defendant MSMC's motion insofar as it seeks dismissal of Counts Two, Three and Four of the Complaint. The Court denies MSMC's motion in all other respects. Plaintiff's request for leave to amend the Complaint in response to the Court's decision on this motion practice is denied, Plaintiff having chosen to opp ose this motion rather than seek leave to amend the Complaint in response to it. (See ECF Docket Entry No. 21 and Subdivision A.2.b.(iii) of the Individual Practices Rules of the undersigned.) This Memorandum Opinion and Order resolves Docket Entry N umber 18. The initial pre-trial conference in this case is scheduled for May 15, 2015, at 11:00 a.m. The parties must consult in advance of the conference and prepare a joint submission in accordance with the requirements of the Initial Conference Order. (See Docket Entry No. 3.) SO ORDERED. (See Order.) (Signed by Judge Laura Taylor Swain on 4/3/2015) (ajs)
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| Plaintiff: Deutsche Bank National Trust Company | |
| Represented By: | Justin Michael Ellis |
| Represented By: | Steven Francis Molo |
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| Defendant: Morgan Stanley Mortgage Capital Holdings LLC | |
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