Aghazu v. Severn Savings Bank, FSB et al

Filing 17

MEMORANDUM / ORDER re 5 MOTION to Dismiss for Failure to State a Claim by Severn Savings Bank, FSB and 10 MOTION to Dismiss for Failure to State a Claim by FCI Lender Services, Inc, Pontus Capital. Signed by Judge Peter J. Messitte on 11/9/2015. (aos, Deputy Clerk)

UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND

PETER J. MESSITTE

6500 CHERRYWOOD LANE
GREENBELT, MARYLAND 20770
301-344-0632

UNITED STATES DISTRICT JUDGE

MEMORANDUM
TO:

Counsel of Record

FROM:

Judge Peter J. Messitte

RE:

Aghazu v. Severn Savings Bank, FSB, et al.
Civil Case No. PJM 15-1529

DATE:

November 9, 2015
****

On November 9, 2015, the Court heard oral argument on Defendant Severn Savings Bank, FSB’s
Motion to Dismiss, ECF No. 5, and Defendants FCI Lender Services and Pontus Capital’s
Motion to Dismiss, ECF No. 10. As stated on the record, the Court ORDERS
1. Pontus SB Trust (hereinafter “Pontus”) SHALL be substituted for Pontus Capital as a
Defendant in this matter;
2. Plaintiff’s Count V is DISMISSED WITH PREJUDICE as to Defendant Severn
Savings Bank, FSB;
3. Plaintiff SHALL file a Response to Defendants FCI Lender Services and Pontus’ Motion
to Dismiss Count V within ten (10) days of this Order; Defendants FCI Lender Services
and Pontus shall have five (5) days to file a Reply;
4. Plaintiff SHALL promptly submit to the Court the response FCI Lender Services made
to Plaintiff’s Qualified Written Request relative to attorney’s fees and other charges;
5. Defendants SHALL file additional briefing on statutes of limitations defenses as to all
pertinent Counts within ten (10) days of this Order; Plaintiff shall have ten (10) days to
file a Response, and Defendants shall have five (5) days to file a Reply.
Despite the informal nature of this ruling, it shall constitute an Order of the Court and the Clerk
is directed to docket it accordingly.

/s/
PETER J. MESSITTE
UNITED STATES DISTRICT JUDGE

cc: Court File