Leggett v. Americas Servicing Company et al

Justia Dockets & Filings Fifth Circuit Texas Northern District Leggett v. Americas Servicing Company et al

Leggett v. Americas Servicing Company et al

Case Number:	3:2005cv01959
Filed:	October 4, 2005
Court:	US District Court for the Northern District of Texas
Office:	Dallas Office
Presiding Judge:	Sam A Lindsay
Nature of Suit:	Real Property: Foreclosure
Cause of Action:	28 U.S.C. § 1331 (a) Fed. Question: Real Property
Jury Demanded By:	None

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Date Filed	Document Text
December 19, 2008	Filing 57 MEMORANDUM OPINION AND ORDER: The court denies Defendants Wells Fargo Home Mortgage, Inc.'s, Americas Servicing Company's, Mortgage Electronic Registration Systems, Inc.'s, and SFJV 2004-1, LLC's 44 Motion for Ultimate Sanctions and grants Defendants Wells Fargo Home Mortgage, Inc.'s AmericaAs Servicing Company's, Mortgage Electronic Registration Systems, Inc.'s, and SFJV 2004-1 LLC's 51 Motion for Summary Judgment with respect to all claims asserted b y Plaintiff Deborah L. Leggett against them. The court dismisses with prejudice Plaintiff's claims against Defendants Wells Fargo Home Mortgage, Inc., America's Servicing Company, Mortgage Electronic Registration Systems, Inc., and SFJV 200 4-1, LLC. The court will consider SFJVs motion for summary judgment on its counterclaim after it has received the supplemental briefs and evidence. The court vacates its 8/22/2007 2007 order to the extent that it stayed Plaintiff's claims agains t MHI rather than dismiss them. The court now determines that all issues in controversy between Plaintiff and MHI must be submitted to arbitration. As all of the claims between Plaintiff and MHI must be submitted to arbitration, there is no reason for the court to maintain jurisdiction over the claims between them. These claims should be, and are hereby, dismissed with prejudice. (See ORDER for other specifics) (Ordered by Judge Sam A Lindsay on 12/19/2008) (mfw)

Date Filed

Document Text

December 19, 2008

Filing 57 MEMORANDUM OPINION AND ORDER: The court denies Defendants Wells Fargo Home Mortgage, Inc.'s, Americas Servicing Company's, Mortgage Electronic Registration Systems, Inc.'s, and SFJV 2004-1, LLC's 44 Motion for Ultimate Sanctions and grants Defendants Wells Fargo Home Mortgage, Inc.'s AmericaAs Servicing Company's, Mortgage Electronic Registration Systems, Inc.'s, and SFJV 2004-1 LLC's 51 Motion for Summary Judgment with respect to all claims asserted b y Plaintiff Deborah L. Leggett against them. The court dismisses with prejudice Plaintiff's claims against Defendants Wells Fargo Home Mortgage, Inc., America's Servicing Company, Mortgage Electronic Registration Systems, Inc., and SFJV 200 4-1, LLC. The court will consider SFJVs motion for summary judgment on its counterclaim after it has received the supplemental briefs and evidence. The court vacates its 8/22/2007 2007 order to the extent that it stayed Plaintiff's claims agains t MHI rather than dismiss them. The court now determines that all issues in controversy between Plaintiff and MHI must be submitted to arbitration. As all of the claims between Plaintiff and MHI must be submitted to arbitration, there is no reason for the court to maintain jurisdiction over the claims between them. These claims should be, and are hereby, dismissed with prejudice. (See ORDER for other specifics) (Ordered by Judge Sam A Lindsay on 12/19/2008) (mfw)

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