Ray v. Nationstar Mortgage LLC of Delaware

Filing 42

OPINION AND ORDER: it is ORDERED that: (1) The 41 objection is overruled; (2) The magistrate judge's 40 recommendation is adopted; (3) The 29 motion to stay is granted; (4) This case is stayed while the case of Hoggard, et al., v. Natio nstar Mortgage LLC of Delaware, d/b/a Champion Mortgage Company, 1:17-cv-99-TK (D.D.C.) is pending in the United States District Court for the District of Columbia; (5) Dft shall file reports explaining the status of the Hoggard litigation (A) on the first Monday of every third month, beginning in April 2018, and (B), within 14 days of any decision denying class certification, granting dismissal of any claims, or entering judgment on any claims in the Hoggard case, attaching a copy of the releva nt opinions or orders; (6) Plf's request for preservation discovery is referred back to the magistrate judge; This case is administratively closed in this court during the pendency of the stay. Signed by Honorable Judge Myron H. Thompson on 2/28/2018. (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
HAROLD RAY, on behalf of
himself and all others
similarly situated,
Plaintiff,
v.
NATIONSTAR MORTGAGE
LLC OF DELAWARE, d/b/a
Champion Mortgage
Company,
Defendant.

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CIVIL ACTION NO.
2:17cv99-MHT
(WO)

OPINION AND ORDER
Plaintiff
class-action

filed
lawsuit

this
asserting

putative

nationwide

claims

breach

of

of

contract, unjust enrichment, and negligence related to
the defendant mortgage company’s home inspections for
its reverse mortgage customers.

Defendant filed a

motion to stay this case while another similar lawsuit
earlier filed in the United States District Court for
the District of Columbia proceeds.

This lawsuit is now

before the court on the recommendation of the United

States

Magistrate

granted.

Judge
before

Also

objections

to

requests

to

the

the

for

defendant

that

motion

court

recommendation,

preservation
be

the

required

to

to

are
and

stay

be

plaintiff’s
his

included

discovery

and

for

provide

notices

to

the
the

court shortly after any critical developments in the
other case.

After an independent and de novo review of

the

the

record,

court

concludes

that

the

magistrate

judge’s recommendation should be adopted.
***
Accordingly, it is ORDERED that:
(1) The objection (doc. no. 41) is overruled.
(2) The magistrate judge’s recommendation (doc. no.
40) is adopted.
(3) The motion to stay (doc. no. 29) is granted.
(4) This case is stayed while the case of Hoggard,
et

al.,

d/b/a

v. Nationstar
Champion

Mortgage

Mortgage

LLC

Company,

of

Delaware,

1:17-cv-99-TK

(D.D.C.) is pending in the United States District Court
for the District of Columbia.

2

(5)
status

Defendant
of

the

shall

Hoggard

file

reports

litigation

explaining

(A)

on

the

the

first

Monday of every third month, beginning in April 2018,
and (B), within 14 days of any decision denying class
certification,

granting

dismissal

of

any

claims,

or

entering judgment on any claims in the Hoggard case,
attaching a copy of the relevant opinions or orders.
(6) Plaintiff’s request for preservation discovery
is referred back to the magistrate judge.
This case is administratively closed in this court
during the pendency of the stay.
DONE, this the 28th day of February, 2018.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE