Opinion
Case No.: 3:10-CV-00297-LRH-(VPC)
08-22-2011
PAMELA D. LONGONI, individually and as Guardian Ad Litem for LACEY LONGONI, and JEAN M. GAGNON, Plaintiffs, v. GMAC MORTGAGE, LLC, a Delaware Limited Liability Company, EXECUTIVE TRUSTEE SERVICES, LLC, a Delaware Limited Liability Company, RESIDENTIAL FUNDING COMPANY, LLC, a Delaware Limited Liability Company, flea RESIDENTIAL FUNDING CORPORATION, a Delaware Corporation ILLEANNA PETERSON, KATHLEEN GOWEN, individuals, DOES 1-10; BLACK AND WHITE CORPORATIONS 1-10, corporations; ABLE & BAKER COMPANIES 2-10, co-partnerships and or limited liability companies, Defendants.
THOMAS P. BEKO, ESQ. (#002653) Attorneys for Plaintiffs ERICKSON, THORPE & SWA1NSTON, LTD. Reno, Nevada 89505 By THOMAS P. BEKO, ESQ. Attorneys for Plaintiff BRADLEY ARANT BOULT CUMMINGS LLP By David Hill Bashford, Esq. Attorneys for Defendants
THOMAS P. BEKO, ESQ. (#002653)
Attorneys for Plaintiffs
JOINT CASE MANAGEMENT REPORT #7
COMES NOW, Plaintiffs PAMELA D. LONGONI, individually and as Guardian Ad Litem for LACEY LONGONI and JEAN GAGNON, by and through their attorneys, Erickson, Thorpe & Swainston, Ltd., and Thomas P. Beko, Esq., and Defendants GMAC MORTGAGE, LLC, EXECUTIVE TRUSTEE SERVICES, LLC, RESIDENTIAL FUNDING CORPORATION, ILLEANNE PETERSON and KATHLEEN GOWEN, by and through their attorneys Bradley Arant Boult Cummings LLP, and David Hill Bashford, Esq., and hereby submit the following Joint Case Management Report #7.
Pursuant to Minute Order (Doc #80), the parties previously submitted a proposed Amended Discovery Plan and Scheduling Order. Minute Order #80 also instructed the parties to provide the Court with a date certain within which the plaintiffs will file their Third Amended Complaint. See, ¶ 5.
Pursuant to Minute Order #80, the plaintiffs will file their Third Amended Complaint on or before September 12, 2011. The plaintiffs seek a period of 30 days in order to file said pleading because they are now considering whether to include wrongful foreclosure claims (which have as their basis the claimed absence of authority to commence non-judicial foreclosure actions because of the fact that the Promissory Note was severed away from the Deed of Trust). As this Court is aware, the defendants previous discovery responses indicated that the Promissory Note had been held by existing parties. If this representation had been correct, no such claim would lie. Recently, however, the defendants revealed that the subject Promissory Note had been "securitized" and as such was actually held by a separate trust.
In light of this new information, the plaintiffs need time to carefully review the extensive agreements which were produced by the defendants, and to conduct legal research to determine whether said trust must also be named as a party defendant.
Counsel for the exiting defendants has indicated that he will be defending Residential Asset Mortgage Products, Inc., and he has agreed to accept service of process on behalf of said entity.
ERICKSON, THORPE & SWA1NSTON, LTD.
Reno, Nevada 89505
By THOMAS P. BEKO, ESQ.
Attorneys for Plaintiff
BRADLEY ARANT BOULT CUMMINGS LLP
By David Hill Bashford, Esq.
Attorneys for Defendants
IT IS SO ORDERED
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U.S. MAGISTRATE JUDGE