Orazi et al v. BAC Home Loans Servicing, LP et al

Filing 50

ORDER Denying 43 Motion for Leave to File; Setting date for Conference Call on 9/8/16 at 4:45p.m.. Signed by Judge J. Frederick Motz on 8/26/2016. (Attachments: # 1 Tentative Scheduling Order)(bas, Deputy Clerk)

UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND
CHAMBERS

1. FREDERICK

101 WEST LOMBARD STREET
BALTIMORE, MARYLAND 21201
[phone]
[phone] FAX

OF

MOTZ

UNITED STATES DISTRICT JUDGE

August 26, 2016
MEMO TO COUNSEL RE: James Orazi, et al. v. BAC Home Loans Servicing, LP
Civil No. JFM-l5-l520
Dear Counsel:
I have reviewed the memoranda submitted in connection with plaintiffs' motion for leave
to file first amended complaint. The motion (document 43) is denied. More than one year
passed between the institution of this action and the filing of the motion. In the interim public
and private resources were expended in holding a settlement conference before a magistrate ,.-,
judge. Under these circumstances I find that defendants would be prejudiced by the filing of.:i~~
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first amended complaint.
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Moreover, the granting of the motion would be futile to at least most of the assertetP
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claims. No facts are stated that would support a claim of fraud under Twombly. Moreover, the
claims would not relate back and would be barred by limitations.
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Finally, the claims against Rushmore, US Bank, and "the Trust" fail. RushmOre 'and.US
Bank are not covered by MCALA and the FDCP A, and "the Trust" do not engage:'in any
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collection activity. The asset is held by the Trustee and not by the Trust.
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A conference call will be held on
September 8, 2016 at 4:45 p.m. to discuss the
appropriate schedule in this case. I ask counsel for plaintiff to initiate the call.
Enclosed is a tentative scheduling order with approximate dates for your information.
Please consult with one another before the call and be prepared to discuss whether you would
like to participate in a settlement conference either before or after the completion of discovery,
any changes to the dates in the form scheduling order, and whether there is unanimous consent to
proceed before a U.S. Magistrate Judge for all proceedings.
Despite the informal nature of this letter, it should be flagged as an opinion and docketed
as an order.
Very truly yours,

/ cJ/z4;V[ '-1. Frederick Motz
United States District Judge