Leeal et al v. Ditech Financial LLC, f/k/a Green Tree Servicing, LLC
Filing
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ORDER (1) Denying Defendant's 3 Motion to Dismiss, (2) Staying this Case, and (3) Directing Defendant to File Motion in State Action. Signed by District Judge Matthew F. Leitman. (HMon)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MATI LEEAL, et al.,
Plaintiffs,
Case No. 2:17-cv-10645
Hon. Matthew F. Leitman
v.
DITECH FINANCIAL LLC,
Defendant.
_________________________________/
ORDER (1) DENYING DEFENDANT’S MOTION TO DISMISS (ECF #3),
(2) STAYING THIS CASE, AND (3) DIRECTING DEFENDANT TO FILE
MOTION IN STATE ACTION
This matter came before the Court for a hearing on Defendant Ditech
Financial LLC’s (“Ditech Financial’s”) Motion to Dismiss Pursuant to Fed. R. Civ.
Pro. 12(b)(6) (“Motion to Dismiss”) (ECF #3) on September 14, 2017. For the
reasons stated on the record during the hearing, the Court HEREBY ORDERS as
follows:
(1) Ditech Financial’s Motion to Dismiss (ECF #3) is DENIED.
(2) This case is STAYED until further order of the Court.
(3) Within thirty (30) days of this order, Ditech Financial shall file in Oakland
County Circuit Court a motion seeking to set aside, vacate, or otherwise
obtain relief from the judgment of the Oakland County Circuit Court in
Case No. 2015-146929.
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(4) Not later than seven (7) days after the Oakland County Circuit Court enters
a written order deciding Ditech Financial’s motion to be filed pursuant to
paragraph (3) above, counsel for Ditech Financial shall electronically file
a copy of that order with this Court. Counsel for Ditech Financial shall
also send the Court’s case manager an email informing the Court of the
order. The email shall be sent to Holly_Monda@mied.uscourts.gov.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: September 15, 2017
I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on September 15, 2017, by electronic means
and/or ordinary mail.
s/Holly A. Monda
Case Manager
(810) 341-9764
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