Opinion
Civil Action 24-772
04-05-2024
AYESHAH LACY, CRAIG LACY v. ARTHUR J. BACCI, MICHAEL W. GRIFFITH, MORTGAGE ELECRTONIC REGISTRATIONS SYSTEMS, INC., DOES 1-5
ORDER
KEARNEY, J
AND NOW, this 5th day of April 2024, upon considering the non-parties' Motion to remand and dismiss (ECF No. 11), absent a timely response, and for reasons detailed in today's accompanying Memorandum, it is ORDERED:
1. The Motion to remand (ECF No. 11) is GRANTED requiring the Clerk of Court forthwith remand the improperly removed actions 2009-17734 and 2023-00593 (ECF No. 6) to the Montgomery County Court of Common Pleas;
2. The Motion to dismiss (ECF No. 11) filed on behalf of unnamed unserved parties, is DENIED as unripe without prejudice to named parties Arthur J. Bacci, Michael W. Griffith, and Mortgage Electronic Registrations Systems, Inc. responding after service on or before May 28, 2024; and, 3. We will dismiss the remaining federal allegations not today remanded to state court for lack of prosecution absent timely proof of proper service upon the named parties.