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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UNITED STATES DISTRICT COURT

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FOR THE SOUTHERN DISTRICT OF CALIFORNIA

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PIA MCADAMS, on behalf of herself
and those similarly situated,

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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.

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Pending before the Court in this putative class action alleging unlawful

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foreclosure practices is Defendant Nationstar Mortgage LLC d/b/a Mr. Cooper’s

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(“Nationstar”) Ex Parte Application to Enlarge the Time to Respond to the Complaint

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(doc. no. 8 (“Ex Parte”)). Plaintiff filed an opposition and Nationstar replied. For

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the reasons which follow, the Ex Parte is granted.

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Nationstar seeks an extension until December 10, 2020, to investigate the

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matter before responding to the complaint. Plaintiff opposes (doc. no. 9) claiming

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prejudice due to a parallel class action pending in the United States District Court for

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the District of Maryland, Robinson v. Nationstar Mortgage LLC, case no. 14-cv-

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03667-TDC (“Robinson”).
Order Granting Ex Parte Application
to Enlarge the Time to Respond to Complaint

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Case No. 20-cv-2202-L-BLM

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A class action settlement has been approved on a preliminary basis in Robinson

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but has not yet been finally approved. Plaintiff is a member of the class. She received

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notice of the Robinson class action on October 1, 2020. The date to object or opt out

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is November 27, 2020. Plaintiff intends to object to the Robinson settlement arguing

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its release provision is too broad and ambiguous, as she apparently does not wish the

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release to bar her action pending in this Court. The parties in this case disagree about

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the effect of the Robinson release on Plaintiff’s claims in this case, assuming the

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release remains a part of the Robinson settlement agreement after the final settlement

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approval motion is heard. That motion is set for December 10, 2020 in the District

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of Maryland.

Plaintiff asserts, without explaining, that her claims will be

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“threatened” (doc. no. 9 at 3) if Nationstar is granted an extension until December 10

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to file a response in this action but would not be threatened if the response is filed on

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or before November 27. (See id. at 3-4.)

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It is not apparent from Plaintiff’s opposition how she would be prejudiced by

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an extension of time for Nationstar to respond to the complaint in this action. On the

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other hand, Nationstar has shown good cause pursuant to Federal Rule of Civil

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Procedure 6(b) to extend its due date. Accordingly, its Ex Parte application is

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GRANTED. No later than December 10, 2020, Nationstar shall file its response to

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the Complaint.

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IT IS SO ORDERED.

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Dated: November 19, 2020

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Order Granting Ex Parte Application
to Enlarge the Time to Respond to Complaint

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Case No. 20-cv-2202-L-BLM