Smith-Scott v. U.S. Bank National Association As Indenture Trustee For Waterfall Victoria Mortgage Trust 2011-SBC3 et al

Filing 57

ORDER denying as moot 4 Motion to Dismiss for Failure to State a Claim; granting 8 Motion to Appoint Receiver; denying 16 Motion for Sanctions; granting 19 Motion to Dismiss for Failure to State a Claim; denying 21 Motion for Preliminary Injunction; denying 28 Motion for Sanctions; denying 30 Motion to Dismiss; granting 36 Motion to Strike; granting 40 Motion to Strike. Signed by Judge J. Frederick Motz on 8/25/14. (ca2s, Deputy Clerk)

FIL..EJ
U.S.•~!SlHIC r C ~j l !H T
UNITED STATES DISTRICT COURT LIS HUCT OF Mt\ , YLAI 0
DISTRICT OF MARYLAND
CHAM BERS OF

J. FREDERI CK MOTZ
UN ITED ST ATES DI STRICT JUDG E

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August 25 , 2014
MEMO TO COUNSEL RE: Arlene Smith-Scott v. US Bank National Association
As Indenture Trustee For Waterfall Victoria Mortgage
Trust 20 11-SBC3
Civil No JFM-14-1157
Dear Counsel':
There are a number of pending motions in this case. My rulings are as follows.
1.

Swallow's Motion to Dismiss (document 4).

The motion is denied as moot in light of the fact that plaintiff filed an amended
complaint.
2.

US Bank' s Motion for the Appointment of a Receiver (document 8).

The motion is granted. US Bank is entitled to the appointment of a Receiver under the
Deed of Trust in light of plaintiffs default. Moreover, in light of the fact that plaintiff has
interfered with US Bank' s rights under the Assignment of Rents, appointment of a Receiver will
provide for the efficient resolution of this litigation. A separate order approving Mitzi Henson as
Receiver is being entered herewith.
3.

Swallow's Motion for Sanctions (document 16).

The motion is denied. Although, as stated in the next paragraph, I do not believe that
plaintiff has stated any viable claim against Swallow, I have concluded that it is in the interest of
the expeditious resolution of this litigation that no sanctions be imposed against plaintiff.
4.

Swallow' s Motion to Dismiss Amended Complaint (document 19).

The motion is granted. Swallow acted entirely within his rights and the rights of his
client in sending the letter in question to plaintiffs ' tenants. Moreover, as to the claim for
negligent misrepresentation, Swallow owed no duty to plaintiff.

1

I realize that plaintiff is appearingpro se . However, in light of the fact that she is a licensed
member of the Bar, I believe that it is appropriate for me to address this letter to "Counsel."

5.

Plaintiffs Emergency Motion for Preliminary Injunctive Relief(document 21).

The motion is denied. There is no outstanding injunction in any pending case in the
Circuit Court for Baltimore County. Moreover, there is no basis whatsoever for granting the
injunctive relief sought by plaintiff. Among other things, she has not demonstrated that she is
likely to prevail on the merits.
6.

Plaintiffs Motion to Dismiss Counterclaim (document 30).

The motion is denied. US Bank has stated legally cognizable claims in their
counterclaim. To the extent that plaintiffs position is that an injunction issued in the Circuit
Court for Baltimore County prevents the filing of the counterclaim, the argument is without
merit because there is no outstanding injunction in a pending case in the Circuit Court for
Baltimore County.
7.

Plaintiffs Motion for Sanctions (document 28).

The motion is denied. As previously stated, there is no outstanding injunction in any
pending case in the Circuit Court for Baltimore County.
8.

US Bank' s Motion to Strike Second Amended Complaint (document 36).

The motion is granted. Plaintiff neither obtained leave of court nor complied with Local
Rule 103 .6( c) in filing the proposed second amended complaint.
9.

Swallow's Motion to Strike Second Amended Complaint (document 40).

The motion is granted. Plaintiff neither obtained leave of court nor complied with Local
Rule 103 .6( c) in filing the proposed second amended complaint.
Enclosed is a scheduling order.
Despite the informal nature of this letter, it should be flagged as an opinion and docketed
as an order.
Very truly yours,

/#~
J. Frederick Motz
United States District Judge