Phillips v. Wells Fargo Bank, National Association et al

Filing 16

MEMORANDUM. Signed by Judge J. Frederick Motz on 6/19/13. (c/m 6/19/13 jnls, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

CHERRI ELL PHILLIPS

v.
JEFFREY NADEL, ET AL.

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Civil No. – JFM-13-973

MEMORANDUM

Presently pending in this case are two motions: a motion to remand filed by plaintiff and
a motion to dismiss filed by defendants Ocwen Loan Servicing, LLC and Wells Fargo National
Bank. Plaintiff’s motion to remand will be denied and defendants’ motion to dismiss will be
granted. Further, because it is clear that plaintiff cannot state a claim against the remaining
defendants, Jeffrey Nadel, Scott Nadel, and Homeq Servicing, the action will be dismissed as to
those defendants as well.
The action arises out of alleged improprieties that occurred in connection with the
foreclosure of the property located at 3711 Lanamer Road, Randallstown, Maryland. Plaintiff
fully participated in the foreclosures proceedings, and she could have raised the claims that she
asserts in this case in the foreclosure proceedings. Thus, this action is barred by the doctrine of
res judicata. This warrants denial of the motion to remand since the non-diverse defendants
clearly have a viable defense. Likewise, the same doctrine requires dismissal of the claims
against all defendants.

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A separate order effecting the rulings made in this memorandum is being entered
herewith.
Date: June 19, 2013

__/s/________________
J. Frederick Motz
United States District Judge

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