Ervin et al v. Deutsche Bank Trust Company Americas et al

Filing 26

ORDER denying as moot without prejudice: 3 11 motions to dismiss; 13 motion to remand; and 14 motion to extend time. To the extent these matters remain unresolved by the parties, the parties may refile the pending motions. Signed by Judge Kristine G. Baker on 09/30/2014. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
BRADY C. ERVIN and GINGER A. ERVIN,
Husband and Wife
v.

PLAINTIFFS

Case No. 1:14-cv-00014-KGB

DEUTSCHE BANK TRUST COMPANY
AMERICAS, OCWEN LOAN SERVICING, LLC,
as Loan Servicer and Attorney-in-Fact for
Deutsche Bank Trust Company Americas,
MACKIE WOLF ZIENTZ & MANN, P.C., as
Trustee for DEUTSCHE BANK TRUST
COMPANY AMERICAS

DEFENDANTS

ORDER
Pending before this Court are the motion to dismiss filed by separate defendant Mackie
Wolf Zientz & Mann, P.C. (“Mackie”) (Dkt. No. 3), a motion to dismiss the first amended
complaint for failure to state a claim (Dkt. No. 11), a motion to remand filed by all plaintiffs
(Dkt. No. 13), and a motion to extend time filed by all plaintiffs (Dkt. No. 14). Based on
counsel’s representations to the Court, these motions are denied without prejudice as moot. To
the extent these matters remain unresolved by the parties, the parties may refile the pending
motions.
SO ORDERED this the 30th day of September, 2014.

_____________________________
Kristine G. Baker
United States District Judge