Opinion
3:09-cv-00306-ECR-PAL
10-05-2011
ALETA ROSE GOODWIN, ROBERT PAUL MCCARTOR; LISA CHENEY and DARRIN CHENEY; HEATHER GABEL; MICHAEL R. TIERNEY and FREDERICK TULIP; LINDA R. BARBA; JOAQUIN AREVALO; DANIEL COSLOW; ROSA M. DIAZ and SERGIO DIAZ; PAMELA HORTON; VICTOR PARECE; CODY PREMO; GEORGE W. PREMO, III; MATTHEW ROBERT ROBINSON and TONYA DAWN ROBINSON; JAMES SANDBORN; CYNTHIA FLAGG and CHARLES FLAGG; JANICE GANNON; WILLIAM DAN KLUTTZ; BRIAN E. JONES; JOAN BLAKE and ROBBIE MCKINNEY; JAMES H. MULLENNIX and JEANNE K. MULLENNIX; HEATHER MONAHAN and GEORGE R. MORENO; TRAVIS RAWLINGS and SYLVIA RAWLINGS; JOHN SULLIVAN and DEBBIE SULLIVAN; SIGNE STEHMAN; JOSEPH E. THURSTON and ARLENE THURSON; JESUS TOVAR; and JOHN F. WILBURN and ROSALIE W. WILBURN, individually and on behalf of a class of similarly situated individuals,Plaintiffs, v. EXECUTIVE TRUSTEE SERVICES, LLC; COUNTRYWIDE HOME LOANS, INC., a New York corporation; MERSCORP, INC. a Virginia corporation; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a subsidiary of MERSCORP, INC., a Delaware corporation; RECONTRUST COMPANY; SAXON MORTGAGE SERVICES, INC.; T.D. SERVICE COMPANY; DEUTSCHE BANK NATIONAL TRUST COMPANY; OCWEN LOAN SERVICING, LLC; WESTERN PROGRESSIVE, LLC; AHMSI DEFAULT SERVICES, INC.; QUALITY LOAN SERVICE CORPORATION; NATIONAL DEFAULT SERVICING CORPORATION; AZTEC FORECLOSURE CORPORATION; BANK OF NEW YORK, as successor to J.P. Morgan Chase Bank, N.A., as Trustee to BSALTA 2005-1; OLD REPUBLIC DEFAULT MANAGEMENT SERVICES, a division of Old Republic National Title Insurance Company; LITTON LOAN SERVICING, L.P.; FEDERAL HOME LOAN MORTGAGE CORPORATION, a Virginia corporation; FEDERAL NATIONAL MORTGAGE ASSOCIATION, a District of Columbia corporation; GMAC MORTGAGE, LLC, a Delaware corporation; NATIONAL CITY MORTGAGE, a foreign company and a division of NATIONAL CITY BANK, a subsidiary of National City Corporation; NATIONAL CITY CORPORATION, a Delaware corporation and subsidiary of PNC Financial Services, Inc.; NATIONAL CITY BANK; PNC FINANCIAL SERVICES, INC., a Pennsylvania corporation; J.P. MORGAN CHASE BANK, N.A., a New York corporation; CITIMORTGAGE, INC., a New York Corporation; HSBC BANK, U.S.A.; HSBC MORTGAGE CORPORATION, U.S.A., a Delaware corporation; UNITED GUARANTY CORPORATION, a foreign corporation; WELLS FARGO BANK, N.A., a California corporation dba WELLS FARGO HOME EQUITY and dba WELLS FARGO HOME MORTGAGE, a division of WELLS FARGO BANK, N.A., a California corporation; BANK OF AMERICA, N.A. a Delaware corporation; GE MONEY BANK, an Ohio corporation; WMC MORTGAGE CORP.; IB PROPERTY HOLDINGS, LLC; and MTC FINANCIAL, INC. dba TRUSTEE CORPS., Defendants.
Counsel for Plaintiff(s) NONE APPEARING Counsel for Defendant(s) NONE APPEARING
MINUTES OF THE COURT
PRESENT: EDWARD C. REED , JR. U. S. DISTRICT JUDGE
Deputy Clerk: COLLEEN LARSEN Reporter: NONE APPEARING
Counsel for Plaintiff(s) NONE APPEARING
Counsel for Defendant(s) NONE APPEARING
MINUTE ORDER IN CHAMBERS
On July 8, 2011, Defendant Saxon Mortgage Services, Inc. ("Saxon") filed a motion (#549) to vacate injunction. Plaintiff Heather Gabel responded (#552) and Defendant Saxon filed a reply (#557) in support of its motion.
This Court never entered any injunction in the case. Rather, the parties entered into a stipulation (#26), approved by the Court (#28), whereby Defendant Saxon agreed not to foreclose upon Plaintiff Gabel's property, and Plaintiff Gabel agreed to keep taxes and insurance on the property current. By its own terms, the stipulation was to dissolve once the claims against Saxon were resolved. (Stip. Between Pls. & Defs. Regarding Prelim. Inj. Hrg. ("Stipulation") ¶ 3 (#26).) Plaintiffs, however, have objection to the motion to vacate.
Plaintiff's objections to the motion are without merit. The MDL Court dismissed all of Plaintiff's MERS-related claims against Saxon on September 30, 2010. In re Mortg. Elec. Registration Sys. (MERS) Litig., 744 F. Supp. 2d 1018, 1036 (D. Ariz. 2010). Plaintiffs filed an amended complaint in the MDL Court which does not name Saxon as a defendant. (Def.'s Mot. Vacate Inj. at 2.) On December 2, 2010, this Court dismissed (#546) Plaintiff's only remaining claim against Saxon made in the amended complaint (#443) filed in this court. Accordingly, there is no basis for the stipulation to remain in effect.
IT IS, THEREFORE, HEREBY ORDERED that Defendant Saxon's motion (#549) to vacate is GRANTED. The stipulation (#26) approved by the Court (#28) on June 22, 2009 is vacated as to Defendant Saxon.
LANCE S. WILSON, CLERK
By _____________
Deputy Clerk