Taylor v. Wells Fargo Bank, NA, as Trustee of the Harborview Mortgage Loan Pass-Through Certificates, Series 2006-12 et al

Filing 23

ORDER Denying as Moot 14 Motion to Dismiss, 15 Motion to Dismiss and 17 Motion to Dismiss, Dismissing Defendants Harborview Mortgage Loan Pass-Through Certificates, Series 2006-12 Trust, Countrywide Home Loans, Inc., d/b/a America 9;s Wholesale Lender, Advantage Home Loans, Bank of America, N.A., Bank of New York Mellon, Greenwich Capital Acceptance, Inc., and Mortgage Electronic Registration Systems, Inc., Without Prejudice and Granting 20 Motion for Withdrawal of Attorney for Plaintiff, (Response due by 12/20/2013). Signed by District Judge Mark A. Goldsmith. (Goltz, D)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

TONY TAYLOR,

Case No. 4:13-CV-10859
Hon. Mark A. Goldsmith
Magistrate Judge Laurie J. Michelson

14606 Poplar Street
Southgate, MI 48195
[phone]
[e-mail]

Removed from:
Wayne County Circuit Court
Case No. 13-001111-CH

Plaintiff,
v.
WELLS FARGO BANK, NA, AS TRUSTEE
OF THE HARBORVIEW MORTGAGE LOAN
PASS-THROUGH CERTIFICATES,
SERIES 2006-12, AND SELECT PORTFOLIO
SERVICING.
Defendants.
ORDER DENYING PENDING MOTIONS TO DISMISS WITHOUT PREJUDICE AS
MOOT, DISMISSING DEFENDANTS HARBORVIEW MORTGAGE LOAN PASSTHROUGH CERTIFICATES, SERIES 2006-12 TRUST, COUNTRYWIDE HOME
LOANS, INC. D/B/A AMERICA’S WHOLESALE LENDER, ADVANTAGE HOME
LOANS, BANK OF AMERICA, NA, BANK OF NEW YORK MELLON, GREENWICH
CAPITAL ACCEPTANCE, INC., AND MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC., WITHOUT PREJUDICE, AND GRANTING MOTION TO
WITHDRAW AS COUNSEL FOR PLAINTIFF
The Court held a Telephonic Status Conference with the parties on November 20, 2013.
As discussed during that Conference, the Court orders as follows:
a.

That the pending motions to dismiss filed by Defendants, Wells Fargo Bank, NA,

as Trustee of the Harborview Mortgage Loan Pass-Through Certificates, Series 2006-12, Select
Portfolio Servicing, Mortgage Electronic Registration Systems, Inc., Bank of America, NA,
Bank of New York Mellon, Countrywide Home Loans, Inc. d/b/a America’s Wholesale Lender,
and Greenwich Capital Acceptance, Inc., are denied without prejudice as moot, in light of
Plaintiff’s First Amended Complaint;
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b.

That Defendants, Harborview Mortgage Loan Pass-Through Certificates, Series

2006-12 Trust, Countrywide Home Loans, Inc. d/b/a America’s Wholesale Lender, Advantage
Home Loans, Bank of America, NA, Bank of New York Mellon, Greenwich Capital Acceptance,
Inc., and Mortgage Electronic Registration Systems, Inc., are dismissed from the case without
prejudice;
c.

That the Motion to Withdraw as Counsel for Plaintiff filed by attorney Andrew G.

Peterson and The McCann Law Group, LLC f/k/a Consumer Attorney Services, is granted;
d.

That Plaintiff shall have thirty (30) days from November 20, 2013 to retain new

counsel in this case;
e.

That if new counsel for Plaintiff does not file an appearance in this case by

December 20, 2013, then Plaintiff will proceed pro se and may be served at the following
address: 14606 Poplar Street, Southgate, Michigan 48195.
f.

That the remaining Defendants, Wells Fargo Bank, NA, as Trustee of the

Harborview Mortgage Loan Pass-Through Certificates, Series 2006-12, and Select Portfolio
Servicing, shall not file any further responsive pleadings or motions to dismiss until further order
of the Court.
IT IS SO ORDERED.
Dated: November 22, 2013
Flint, Michigan

s/Mark A. Goldsmith
MARK A. GOLDSMITH
United States District Judge
CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing document was served upon counsel of record
and any unrepresented parties via the Court's ECF System to their respective email or First Class
U.S. mail addresses disclosed on the Notice of Electronic Filing on November 22, 2013.
s/Deborah J. Goltz
DEBORAH J. GOLTZ
Case Manager

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