Morse v. Homecomings Financial, L.L.C. et al
| Gregory C Morse |
| Homecomings Financial, L.L.C., GMAC Mortgage Corporation, LLC, GMAC Bank (Ally Bank), Mortgage Electronic Registration Systems, Inc., MERSCORP, Inc. and Federal National Mortgage Association |
| 4:2012cv00375 |
| June 20, 2012 |
| US District Court for the Eastern District of Texas |
| Sherman Office |
| Collin |
| Ron Clark |
| Amos L. Mazzant |
| All Other Real Property |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
73
ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 50 Report and Recommendation. It is, therefore, ORDERED that Defendant Commonwealth Title Insurance Corporation's Motion to Dismiss for Plaintiff&# 039;s Failure to State a Claim [Doc. #15] and Defendants Homecomings Financial, LLC, GMAC Mortgage, LLC, Ally Bank (Ally), Mortgage Electronic Registration Systems, Inc. (MERS), MERSCORP, Inc., and Federal National Mortgage Association's (Fanni e Mae) Motion to Dismiss [Doc. #17] are GRANTED and that all claims against Defendants Commonwealth Land Title Insurance Company, MERS, MERSCORP., Inc.,Ally and Fannie Mae are DISMISSED WITH PREJUDICE for failure to state a claim. Further, the claim s against Homecomings Wholesale Funding are DISMISSED WITHOUT PREJUDICE pursuant to Rule 4(m). Given this dismissal, plaintiff's Motion to Compel Responsive Answers to Questions, Explanation of Knowledge and Production of Documents Regarding De fendant Homecomings Wholesale Funding from Attorney Hope T.Cannon [Doc. #55] is DENIED. As to the claims against defendants Homecomings and GMAC, the declaratory judgment action against is DISMISSED with prejudice. All remaining claims against Hom ecomings and GMAC are and shall remain STAYED pending the resolution of the bankruptcy proceedings. Finally, the court has considered Plaintiff's Motion for Sanctions against defendants' attorneys [Docs. #52, 53 and 54] and defendants' responses. The motions are DENIED. Signed by Judge Ron Clark on 9/24/2013. (kls, )
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