Sharma et al v. Rushmore Loan Management Services LLC et al

Filing 54

ORDER LIFTING STAY; Granting 36 Motion for Extension of Time to Answer ; Granting in Part and Denying in part 38 Motion to Dismiss for Failure to State a Claim; Granting 39 Motion to Dismiss for Failure to State a Claim; Granting 41 Motion to Dismiss; All of Plaintiffs claims are DISMISSED except for Plaintiff Browns claim of dualtracking in violation of RESPA, which MAY PROCEED; Granting 42 Motion for Leave to File; granting 52 Motion to Substitute Party.. Signed by Judge George Jarrod Hazel on 3/20/2020. (heps, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
Southern Division
OM SHARMA, et al.,

*

Plaintiffs,

*

v.

Case No.: GJH-18-656
*

RUSHMORE LOAN MANAGEMENT
SERVICES, LLC, et al.,

*

Defendants.

*
*

*

*

*

*

*

*

*

*

*

*

*

*

*

ORDER
For the reasons stated in the accompanying Memorandum Opinion, it is ORDERED by
the United States District Court for the District of Maryland that:
1. Any remaining stay of this case is LIFTED;
2. Defendant Wilmington’s Motion for Extension of Time, ECF No. 36, is GRANTED;
3. Defendant Rushmore’s Motion to Dismiss, ECF No. 38, is GRANTED IN PART and
DENIED IN PART;
4. Defendant U.S. Bank’s Motion to Dismiss, ECF No. 39, and Defendant Wilmington’s
Motion to Dismiss, ECF No. 41, are GRANTED;
5. All of Plaintiffs’ claims are DISMISSED except for Plaintiff Brown’s claim of dual
tracking in violation of RESPA, which MAY PROCEED;
6. All of the dismissed claims are DISMISSED WITH PREJUDICE except for Plaintiff
Brown’s RESPA claim with respect to qualified written requests, which is DISMISSED
WITHOUT PREJUDICE;
7. Plaintiffs’ Motion for Leave to Exceed Page Limit, ECF No. 42, is GRANTED;
8. Plaintiffs’ Motion for Substitution of Party, ECF No. 52, is GRANTED;
9. The Clerk SHALL SUBSTITUTE Cornell Brown, as Personal Representative of the
Estate of Virginia Brown, for Plaintiff Virginia Brown, as a party in this case; and
1

10. All remaining claims shall be Answered within 14 days of this Order.

Dated: March 20, 2020

/s/
GEORGE J. HAZEL
United States District Judge

2