Stringfellow et al v. Federal National Mortgage Association et al
ORDER denying, without prejudice, 13 Motion to Dismiss for Failure to State a Claim; granting 26 Motion to Stay and suspending the scheduling order. Signed by Judge D. P. Marshall Jr. on 7/5/13. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
DONNIE W. STRINGFELLOW, II and
SANDRA A. STRINGFELLOW
FEDERAL NATIONAL MORTGAGE ASSN.
(“FANNIE MAE”) and JPMORGAN
CHASE BANK, N.A.
Joint motion, № 26, granted as modified. As the parties acknowledge
in their briefs, the motion to dismiss implicates an issue currently on appeal
in JPMorgan Chase Bank, N.A. v. Johnson, No. 12-2370, argued 15 January 2013.
The Court believes the prudent course is to await guidance from the Court of
Appeals. The issues, alas, will need to be rebriefed then. The Court would
also appreciate discussion of the Stringfellows’ standing: Would winning this
suit benefit the Stringfellows, or only their unsecured creditors? Motion to
dismiss, № 13, denied without prejudice. The scheduling order is suspended,
and the case is stayed.
D.P. Marshall Jr.
United States District Judge
5 July 2013
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