Giles v. SunTrust Mortgage, Inc., et al.

Filing 17

ORDER denying as moot Defendants' 3 , 6 Motions to Dismiss Plaintiff's original Complaint. Signed by Judge Richard W. Story on 2/26/2014. (cem)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION JONATHAN GILES Plaintiff, v. SUNTRUST MORTGAGE, INC., NATIONSTAR MORTGAGE, LLC, and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Defendants. : : : : : : : : : : : : : CIVIL ACTION NO. 1:13-CV-02992-RWS ORDER Before the Court are Defendant Nationstar Mortgage, LLC’s Motion to Dismiss [3] and Defendant Mortgage Electronic Registration Systems, Inc.’s and SunTrust Mortgage, Inc.’s Motion to Dismiss [6]. Plaintiff initiated this action in Fulton County Superior Court on August 2, 2013. Asserting diversity jurisdiction, Defendants removed the action to this Court on September 6, 2013 [1] and filed Motions to Dismiss Plaintiff’s original Complaint on September 13, 2013 [3] and September 19, 2013 [6], respectively. Plaintiff then filed an Amended Complaint on October 7, 2013 [11], to which Defendants filed Motions to Dismiss Plaintiff’s Amended Complaint [12, 13]. Defendants’ AO 72A (Rev.8/82) Motions to Dismiss Plaintiff’s Amended Complaint [12, 13] are currently under consideration by this Court. Because Defendants’ first round of Motions to Dismiss [3 and 6] have been superceded by subsequent filings, Defendants’ Motions to Dismiss Plaintiff’s original Complaint [3 and 6] are DENIED as MOOT. SO ORDERED, this 26th day of February, 2014. _______________________________ RICHARD W. STORY UNITED STATES DISTRICT JUDGE 2 AO 72A (Rev.8/82)

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