Briggs et al v. Deutsche Bank National Trust Company et al

Filing 44

MINUTE ORDER denying without prejudice 40 Stipulated Motion to Dismiss Defendants[] Freedom Mortgage Corporation, Litton Loan Servicing, LP and Ocwen Loan Servicing, LLC Without Prejudice. Plaintiffs shall file an Amended Motion, clarifying their Motion [# 40 ], that makes clear exactly what relief they are seeking on or before 1/31/2014. By Magistrate Judge Kristen L. Mix on 12/30/2013.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02433-MSK-KLM
VALORIE BRIGGS, and
JOHN A. DAVIS,
Plaintiff,
v.
DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee,
FREEDOM MORTGAGE CORPORATION,
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,
LITTON LOAN SERVICES, LLC,
OCWEN LOAN SERVICING, LLC,
HELLERSTEIN AND SHORE, PC,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiffs’ Stipulated Motion to Dismiss
Defendants[ ] Freedom Mortgage Corporation, Litton Loan Servicing, LP and Ocwen
Loan Servicing, LLC Without Prejudice [#40]1 (the “Motion”) and Defendant Freedom
Mortgage Corporation’s Clarification of Position Regarding Plaintiffs’ Stipulated
Motion to Dismiss Defendants[ ] Freedom Mortgage Corporation, Litton Loan
Servicing, LP and Ocwen Loan Servicing, LLC Without Prejudice [#43] (the
“Clarification”).
In the Motion, Plaintiffs, who proceed in this matter as pro se litigants, state that
they stipulate to dismissal without prejudice of their claims against Defendants Freedom
Mortgage Corporation, Litton Loan Servicing, LP, and Ocwen Loan Servicing, LLC. Motion
[#40] at 1. However, the Motion then states that Plaintiffs conferred with Defendants
regarding a motion to amend the complaint and the Motion appears to be incomplete, with
the first page ending in the middle of a sentence. Id. In the Clarification, Defendant

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“[#40]” 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.

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Freedom Mortgage Corporation states that it is clarifying “Plaintiff’s statement of conferral
in their . . . motion to dismiss, and affirmatively states that the dismissal should be with
prejudice . . .” Clarification [#43] at 1 (emphasis in original).
Because the Motion is incomplete and unclear, the Court is unable to enter an order
dismissing any Defendants either with or without prejudice without further clarification from
Plaintiffs. Accordingly,
IT IS HEREBY ORDERED that Plaintiffs shall file an Amended Motion, clarifying
their Motion [#40], that makes clear exactly what relief they are seeking on or before
January 31, 2014.
IT IS FURTHER ORDERED that the Motion [#40] is DENIED without prejudice.
Dated: December 30, 2013

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