McKenzie v. Wells Fargo Home Mortgage, Inc. et al

Filing 65

ORDER Re Defendants' Motion to Dismiss and Defendants' Motion to Transfer Venue. Signed by Judge Joseph C. Spero on September 7, 2012. (jcslc3S, COURT STAFF) (Filed on 9/7/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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CLIFFORD McKENZIE, et al.,

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Plaintiffs,
v.

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Case No.: C-11-04965 JCS
ORDER RE DEFENDANTS’
MOTION TO DISMISS AND
DEFENDANTS’ MOTION TO
TRANSFER VENUE

WELLS FARGO HOME MORTGAGE,
INC., et al.,
Defendants.

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This is a putative class action brought by Plaintiffs Clifford McKenzie, Daniel and Robin

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Biddix, David Kibiloski, and Virginia Ryan (“Plaintiffs”) against Defendants Wells Fargo Home

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Mortgage, Inc., Wells Fargo Bank, N.A., Wells Fargo & Company, and Wells Fargo Insurance, Inc.

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(collectively, “Wells” or “Defendants”) for breach of contract, unjust enrichment, breach of

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fiduciary duty, conversion, violation of the New Mexico Unfair Trade Practices Act, and violation of

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the Truth in Lending Act (“TILA”). Plaintiffs allege that Defendants improperly forced them to

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maintain flood insurance with higher policy limits than their mortgage contracts or federal law

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require. Presently before the Court are Defendants’ Motion to Dismiss Plaintiffs’ Second Amended

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Complaint and Defendants’ Motion to Transfer Venue (collectively, “Motions”). A hearing on the

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Motions was held on August 31, 2012 at 9:30 a.m.

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In light of a pending decision by the Panel on Multidistrict Litigation (“MDL Panel”) that

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may result in the consolidation of related litigation, the Court will defer ruling on Defendants’

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Motions. The Motions are taken under submission. The parties are ordered to keep the Court

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apprised of the MDL Panel’s proceedings and decisions relevant to this litigation.

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IT IS SO ORDERED.

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Dated: September 7, 2012

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_________________________________

Northern District of California

United States District Court

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JOSEPH C. SPERO
United States Magistrate Judge

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