Weller et al v. HSBC Mortgage Services, Inc. et al
Filing
121
ORDER denying the Motion by Defendants Assurant, Inc. and American SecurityInsurance Company To Dismiss the Class Action Complaint [# 31 ], filed April5, 2013; the Motion of Defendant HSBC Mortgage Services, Inc. To Dismiss TheComplaint [# 33 ], file d April 5, 2013; the Motion To Certify Determinative Question of Virginia Law By Defendants Assurant, Inc. and American Security Insurance Company [# 61 ], filed June 11, 2013; and Defendants Assurant, Inc. and American Security Insurance Company's Motion To Dismiss Nationwide Class Allegations in Connection With Counts II and VI [# 99 ], filed November 15, 2013. By Judge Robert E. Blackburn on 3/19/2014. (klyon, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-00185-REB-MJW
JACK WELLER,
GLADYS WOODEN, and
MATT WOODEN, individually and on behalf of all others similarly situated,
Plaintiffs,
v.
HSBC MORTGAGE SERVICES, INC.,
ASSURANT, INC.,
AMERICAN SECURITY INSURANCE COMPANY, and
JOHN DOES 1-10,
Defendants.
ORDER
Blackburn, J.
This matter is before me sua sponte. The court received and reviewed the parties’ most
recent Joint Status Report [#119],1 filed March 18, 2014. The parties note that they continue
to move toward settlement of the claims asserted in this lawsuit. Ultimate resolution of those
claims awaits events occurring in another case filed in the United States District Court for the
Southern District of Florida. The magistrate judge has granted the parties’ request to continue
the current stay of these proceedings in light of these circumstances. (See Minute Order
[#120], filed March 19, 2014.)
Still pending on the court’s docket in this matter, however, are four motions that grow
ever more stale as the parties seek alternative resolution of their claims. In light of the age of
these motions, and the apparent state of the settlement discussions – which even if ultimately
1
“[#119]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.
unsuccessful, nevertheless may alter the complexion of this case – the court is of the opinion
that these motions should be denied without prejudice to refile should future circumstances so
indicate.
THEREFORE, IT IS ORDERED as follows:
1. That with the consent of the magistrate judge, the orders of reference ([#32], filed
April 5, 2013; [# 37], filed April 8, 2013; and [#100], filed November 19, 2013) are
WITHDRAWN; and
2. That the following motions are DENIED WITHOUT PREJUDICE:
a. the Motion by Defendants Assurant, Inc. and American Security
Insurance Company To Dismiss the Class Action Complaint [#31], filed April
5, 2013;
b. the Motion of Defendant HSBC Mortgage Services, Inc. To Dismiss The
Complaint[#33], filed April 5, 2013;
c. the Motion To Certify Determinative Question of Virginia Law By
Defendants Assurant, Inc. and American Security Insurance Company
[#61], filed June 11, 2013; and
d. Defendants Assurant, Inc. and American Security Insurance Company’s
Motion To Dismiss Nationwide Class Allegations in Connection With
Counts II and VI [#99], filed November 15, 2013.
Dated March 19, 2014, at Denver, Colorado.
BY THE COURT:
2
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