Lossia, Jr. et al vs. Flagstar Bancorp, Inc.

Filing 47

ORDER granting defendant's Motion for Leave to File two motions for summary judgment 41 Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JAMES LOSSIA, JR. and
ALEXANDRA PLAPCIANU,
individually and on behalf of
others similarly situated,
Plaintiffs,
Case No. 15-12540
vs.
HON. GEORGE CARAM STEEH
FLAGSTAR BANCORP, INC.,
a/k/a FLAGSTAR BANK,
Defendant.
____________________________/
ORDER GRANTING DEFENDANT’S MOTION FOR LEAVE
TO FILE TWO MOTIONS FOR SUMMARY JUDGMENT [DOC. 41]
Plaintiffs James Lossia Jr. and Alexandra Plapcianu filed this putative class
action lawsuit against Flagstar Bank alleging breach of contract and violations under the
Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. Discovery has been bifurcated
between plaintiff-specific and class-wide claims unless and until a class certification
motion is granted. Defendant moves for leave to file a motion for summary judgment
based on the evidence in the record as to the individual plaintiffs’ claims while reserving
the right to file an additional motion for summary judgment based on class-wide
evidence in the event the individual motion is denied and plaintiffs’ proposed class is
certified. Plaintiffs filed objections to defendant’s requested relief.
Under Local Rule 7.1(b)(2), parties “must obtain leave of court to file more than
one motion for summary judgment.” The court finds that defendant’s request for leave
to file one Rule 56 motion in connection with plaintiffs’ individual claims and one
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additional motion in the event that class certification is granted, promotes the underlying
goals of efficiency and economical use of judicial resources underlying class action
litigation. Defendant’s motion for leave is therefore GRANTED.
Dated: August 5, 2016
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
August 5, 2016, by electronic and/or ordinary mail.
s/Marcia Beauchemin
Deputy Clerk

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