KOSICKI et al v. NATIONSTAR MORTGAGE, LLC et al
| BRIAN J. KOSICKI and TONYA M. KOSICKI |
| NATIONSTAR MORTGAGE, LLC, NATIONSTAR MORTGAGE PROPERTIES, LLC, CHICAGO TITLE INSURANCE COMPANY, FIDELITY NATIONAL FINANCIAL, INC., AMTRUST FINANCIAL CORPORATION, FIDELITY CLOSING SERVICES, LLC and FANNIE MAE |
| 3:2012cv00176 |
| August 24, 2012 |
| US District Court for the Western District of Pennsylvania |
| Johnstown Office |
| Cambria |
| Kim R. Gibson |
| Other Contract |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
24
MEMORANDUM OPINION AND ORDER OF COURT - upon consideration of Defendants' Motion to Dismiss (Doc. No. 3 ), and in accordance with the Memorandum, it is HEREBY ORDERED that the motion is GRANTED with respect to all Counts asserted against Defend ants Nationstar Mortgage, LLC, (Counts I, II, III, IV, and V of Plaintiffs' Amended Complaint), Nationstar Mortgage Properties, LLC, (Counts VI, VII, VIII, IX, and X of Plaintiffs' Amended Complaint), and Fannie Mae (Counts I, II, III, IV, and V of Plaintiffs' Complaint Against Additional Defendant). The Court also orders that Count XIII of Plaintiffs' Amended Complaint against Fidelity Closing Services, LLC be dismissed because of failure to properly serve Defendant in this case. Additionally, the Court finds that Defendant AmTrust Financial Corporation d/b/a AmTrust Bank is no longer a party in this case as determined in accordance with this Memorandum. The Court notes that there are only two counts remaining from Plai ntiffs' Amended Complaint (Counts XI and XII), with one count asserted against each of the two remaining Defendants, Chicago Title Insurance Company and Fidelity National Financial, Inc. Additionally, upon consideration of Plaintiffs' Moti on to Remand Case (Doc. No. 6 ), it is HEREBY ORDERED that the motion is GRANTED in accordance with this Memorandum. This matter shall be remanded to the Court of Common Pleas of Cambria County, Commonwealth of Pennsylvania, and as more fully stated in said Memorandum Opinion and Order of Court. Signed by Judge Kim R. Gibson on 5/28/2013. (dlg)
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