Fountain et al v. JPMorgan Chase Bank, N.A.
Filing
35
ORDER INVITING COMMENT REGARDING PROPOSED STAY re 22 , 27 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 9/8/2015. "The court invites the parties in the present case to provide written comment on the proposed sta y no later than September 15, 2015. Any such comment should not exceed 1500 words per party." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
ROSITA FOUNTAIN; LESLIE
FOUNTAIN; THE STATE OF
HAWAII BY AND THROUGH THE
ATTORNEY GENERAL OF HAWAII,
Plaintiffs,
vs.
JPMORGAN CHASE BANK, N.A.
SUCCESSOR BY INTEREST BY
PURCHASE FROM THE FDIC AS
RECEIVER FOR WASHINGTON
MUTUAL BANK SUCCESSOR IN
INTEREST TO LONG BEACH
MORTGAGE COMPANY; JOHN DOES
1-50; JANE DOES 1-50; DOE
PARTNERSHIPS 1-50; DOE
CORPORATIONS 1-50; DOE
ENTITIES 1-50; AND DOE
GOVERNMENTAL UNITS
1-50,
Defendants.
____________________________
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CIV. NO. 15-00119 SOM-RLP
ORDER INVITING COMMENT
REGARDING PROPOSED STAY
ORDER INVITING COMMENT REGARDING PROPOSED STAY
This court has before it a motion to dismiss filed
by Defendant JP Morgan Chase Bank, N.A., as well as a motion
for leave to file Second Amended Complaint filed by Plaintiff
Rosita Fountain, et al.
In reviewing the motions, this court
noted that the issues raised were state-law issues similar to
those now being considered by the Hawaii Supreme Court in
cases that include Hungate v. Rosen, SCAP No. 13-5234, which
was argued earlier this year.
This court proposes to stay the
present case pending guidance from the Hawaii Supreme Court
relating to the duty of good faith and fair dealing in the
mortgage context and to section 480-2 of Hawaii Revised
Statutes as it relates to mortgages.
Given the oral argument
in Hungate, this court expects that guidance no later than the
summer of 2016, possibly earlier.
The court invites the
parties in the present case to provide written comment on the
proposed stay no later than September 15, 2015.
Any such
comment should not exceed 1500 words per party.
IT IS SO ORDERED.
DATED: Honolulu, Hawaii, September 8, 2015.
/s/ Susan Oki Mollway
Susan Oki Mollway
Chief United States District Judge
Rosita Fountain v. JPMorgan Chase Bank, N.A. Successor by
Interest by Purchase from the FDIC as Receiver for Washington
Mutual Bank Successor in Interest to Long Beach Mortgage
Company; CIV. NO. 15-00119 SOM-RLP
ORDER INVITING COMMENT REGARDING PROPOSED STAY
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