In re Bankruptcy Appeal

Filing 20

Judge Indira Talwani: SCHEDULING ORDER ON MOTION TO CERTIFY QUESTIONS. The parties shall submit to this Court a joint motion to certify questions on or before July 22, 2015. See attached Order. (MacDonald, Gail)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
In re: SAFINA N. MBAZIRA,

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Debtor.
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US BANK NA, AS TRUSTEE OF THE
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J.P. MORGAN MORTGAGE
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ACQUISITION CORP. 2005-FRE1 ASSET *
BACKED PASS-THROUGH
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CERTIFICATES, SERIES 2005-FRE1 and *
OCWEN LOAN SERVICING, LLC,
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Appellants,
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v.
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SAFINA N. MBAZIRA,
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Appellee.
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SAFINA N. MBAZIRA,
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Appellant,
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v.
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US BANK NA, AS TRUSTEE OF THE
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J.P. MORGAN MORTGAGE
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ACQUISITION CORP. 2005-FRE1 ASSET *
BACKED PASS-THROUGH
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CERTIFICATES, SERIES 2005-FRE1 and *
OCWEN LOAN SERVICING, LP,
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Appellees.
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Civil Action No. 15-cv-11682-IT

Civil Action No. 15-cv-11683-IT

SCHEDULING ORDER ON MOTION TO CERTIFY QUESTIONS
July 13, 2015
TALWANI, D.J.
1.

The parties shall submit to this Court a joint motion to certify questions on or before
July 22, 2015; or

2. In the event the parties cannot agree on a joint motion, Appellants U.S. Bank National
Association, as Trustee of the J.P. Morgan Mortgage Acquisition Corp. 2005-FRE1
Asset Backed Pass-Through Certificates, Series 2005-FRE1 and Ocwen Loan
Servicing, LP shall submit a motion to certify questions on or before July 24, 2015,
and Appellee Safina N. Mbazira shall file a response on or before July 31, 2015.
Any motion filed should address Mortg. Elec. Registration Sys., Inc. v. Agin (In re Giroux), No.
09-cv-10988-PBS, 2009 WL 3834002 (D. Mass. Nov. 17, 2009). Specifically, the motion (or
motions) should explain why the parties disagree with In re Giroux’s determination that
Massachusetts law is sufficiently clear so as to allow a reasonable federal court to predict its
course, making certification inappropriate.
IT IS SO ORDERED.
July 13, 2015

/s/ Indira Talwani
United States District Judge

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