McAdams v. Nationstar Mortgage LLC

Filing 11

ORDER Granting Nationstar Mortgage LLC D/B/A Mr. Cooper's Ex Parte Application to Enlarge the Time to Respond to Plaintiff's Complaint. No later than 12/10/2020, Nationstar shall file its response to the Complaint. Signed by Judge M. James Lorenz on 11/19/2020. (jrm)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE SOUTHERN DISTRICT OF CALIFORNIA 10 11 PIA MCADAMS, on behalf of herself and those similarly situated, 12 13 14 15 16 17 Case No. 3:20-cv-2202-L-BLM Plaintiff, v. NATIONSTAR MORTGAGE LLC d/b/a MR. COOPER, a Delaware limited liability company, and DOES 1 through 10, inclusive, ORDER GRANTING NATIONSTAR MORTGAGE LLC D/B/A/ MR. COOPER’S EX PARTE APPLICATION TO ENLARGE THE TIME TO RESPOND TO PLAINTIFF’S COMPLAINT Defendants. 18 19 Pending before the Court in this putative class action alleging unlawful 20 foreclosure practices is Defendant Nationstar Mortgage LLC d/b/a Mr. Cooper’s 21 (“Nationstar”) Ex Parte Application to Enlarge the Time to Respond to the Complaint 22 (doc. no. 8 (“Ex Parte”)). Plaintiff filed an opposition and Nationstar replied. For 23 the reasons which follow, the Ex Parte is granted. 24 Nationstar seeks an extension until December 10, 2020, to investigate the 25 matter before responding to the complaint. Plaintiff opposes (doc. no. 9) claiming 26 prejudice due to a parallel class action pending in the United States District Court for 27 the District of Maryland, Robinson v. Nationstar Mortgage LLC, case no. 14-cv- 28 03667-TDC (“Robinson”). Order Granting Ex Parte Application to Enlarge the Time to Respond to Complaint 1 Case No. 20-cv-2202-L-BLM 1 A class action settlement has been approved on a preliminary basis in Robinson 2 but has not yet been finally approved. Plaintiff is a member of the class. She received 3 notice of the Robinson class action on October 1, 2020. The date to object or opt out 4 is November 27, 2020. Plaintiff intends to object to the Robinson settlement arguing 5 its release provision is too broad and ambiguous, as she apparently does not wish the 6 release to bar her action pending in this Court. The parties in this case disagree about 7 the effect of the Robinson release on Plaintiff’s claims in this case, assuming the 8 release remains a part of the Robinson settlement agreement after the final settlement 9 approval motion is heard. That motion is set for December 10, 2020 in the District 10 of Maryland. Plaintiff asserts, without explaining, that her claims will be 11 “threatened” (doc. no. 9 at 3) if Nationstar is granted an extension until December 10 12 to file a response in this action but would not be threatened if the response is filed on 13 or before November 27. (See id. at 3-4.) 14 It is not apparent from Plaintiff’s opposition how she would be prejudiced by 15 an extension of time for Nationstar to respond to the complaint in this action. On the 16 other hand, Nationstar has shown good cause pursuant to Federal Rule of Civil 17 Procedure 6(b) to extend its due date. Accordingly, its Ex Parte application is 18 GRANTED. No later than December 10, 2020, Nationstar shall file its response to 19 the Complaint. 20 IT IS SO ORDERED. 21 22 Dated: November 19, 2020 23 24 25 26 27 28 Order Granting Ex Parte Application to Enlarge the Time to Respond to Complaint 2 Case No. 20-cv-2202-L-BLM

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