Thomason v. One West Bank, FSB, Indy Mac Bank (MAG+)

Filing 78

OPINION AND ORDER: Pending before the court are the 56 Motion to Dismiss filed by defendants OneWest Bank, FSB, Ocwen Loan Servicing, LLC, Deutsche Bank National Trust Company, as Trustee for Home Equity Mortgage Loan Asset-BackedTrust Series INAPS 2006-A, Home Equity Mortgage Loan Asset-Backed Certificates Series INABS 2006-A and Mortgage Electronic Registration Systems, Inc., and defendant Eva Bank's 66 Motion to Dismiss and/or Require a More Definite Statement. Also pending before t he court are plaintiff's motions for summary judgment, one contained within his response to the motion to dismiss (doc. no. 68 ) and one filed separately (doc. no. 69 ), as well as defendants motionto strike (doc. no. 71 ) plaintiffs second m otion for summary judgment.On 3/1/2016, the United States Magistrate Judge entered an order (doc. no. 76 ) explaining that, after careful review of the amended complaint (doc. no. 49 ), he determined that the plaintiff may benefit from participation in the Pro Se Assistance Program (PSAP). The undersigned agrees. Accordingly, it is ORDERED as follows: (1) The motions to dismiss the amended complaint (doc. nos. 56 and 66 ) are denied with leave to renew. (2) The motion to require a more defin ite statement (doc. no. 66 ) is granted. The magistrate judge is toset an appropriate deadline for producing said more definite statement, once the issue of counsel for plaintiff has been resolved. (3) The motions for summary judgment (doc. nos. [68 ]and 69 ) are denied as premature. (4) The motion to strike (doc. no. 71 ) the motions for summary judgment is denied as moot. This case is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 3/11/2016. (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
STEVEN THOMASON,

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Plaintiff,
v.
ONE WEST BANK, FSB,
et. al.,
Defendants.

CIVIL ACTION NO.
2:12cv604-MHT
(WO)

OPINION AND ORDER
Pending before the court are the motion to dismiss
filed

by

defendants

OneWest

Bank,

FSB,

Ocwen

Loan

Servicing, LLC, Deutsche Bank National Trust Company,
as Trustee for Home Equity Mortgage Loan Asset-Backed
Trust Series INAPS 2006-A, Home Equity Mortgage Loan
Asset-Backed
Mortgage
no.

Certificates

Electronic

Series

Registration

INABS

2006-A

Systems,

Inc.

and
(doc.

56) and defendant Eva Bank’s motion to dismiss

and/or require a more definite statement (doc. no. 66).
Also pending before the court are plaintiff’s motions
for summary judgment, one contained within his response

to the motion to dismiss (doc. no. 68) and one filed
separately (doc. no. 69), as well as defendants’ motion
to strike (doc. no. 71) plaintiff’s second motion for
summary judgment.
On

March

1,

2016,

the

United

States

Magistrate

Judge entered an order (doc. no. 76) explaining that,
after careful review of the amended complaint (doc. no.
49), he “determined that the plaintiff may benefit from
participation in the Pro Se Assistance Program (PSAP).”
The undersigned agrees.
Accordingly, it is ORDERED as follows:
(1) The motions to dismiss the amended complaint
(doc. nos. 56 and 66) are denied with leave to renew.
(2) The motion to require a more definite statement
(doc. no. 66) is granted.
set

an

definite

appropriate
statement,

The magistrate judge is to

deadline
once

for

the

producing

issue

of

said

counsel

more
for

plaintiff has been resolved.
(3) The motions for summary judgment (doc. nos. 68
and 69) are denied as premature.
2

(4) The motion to strike (doc. no. 71) the motions
for summary judgment is denied as moot.
This case is referred back to the magistrate judge
for further proceedings.
DONE, this the 11th day of March, 2016.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE