Langel et al v. Metrocities Mortgage, LLC et al

Filing 394

ORDER granting in part 371 Motion for Attorney Fees; granting in part 377 Motion for Attorney Fees. Dfts are entitled to seek and recover reasonable atty fees and costs incurred in the defense of claims asserted by Pla. In addition, Dft, Thornbu rg Mortgage Securities Trust Loan Pass-Through Certification Series 2006-3 is entitled to seek and recover reasonable atty fees and costs incurred in prosecution of its counterclaims. FURTHER ORDERED:This case is referred to Magistrate Judge John T. Johnston, to schedule and conduct all proceedings and hearings necessary, and to submit to the Court proposed findings of fact and conclusions of law and recommendations for awards of reasonable atty fees and costs to be allowed to Dfts Prospect Mortgage and the Trust. Signed by Judge Sam E Haddon on 3/30/2016. (ELL, ) Modified on 3/30/2016 Copy of Order emailed to SL for Judge Johnston(ELL, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA

FILED

BUTTE DIVISION

MAR 3 0 2016
TOM LANGEL and DEEANN
LANGEL,
Plaintiffs,
vs.

Clerk, U.S. District Court
District Of Montana
Helena

No. CV-13-59-BU-SEH

ORDER

METROCITIES MORTGAGE, LLC,
SELECT PORTFOLIO SERVICING,
INC., PROSPECT MORTGAGE,
LLC, f/n/a Metrocities, THORNBURG
MORTGAGE SECURITIES TRUST
LOAN PASS-THROUGH
CERTIFICATE SERIES 2006-3,
BANK OF AMERICA, N.A.,
LASALLE BANK NATIONAL
ASSOC., US BANK, N.A., and JOHN
AND JANE DOES 1-25,
Defendants.
Upon the record made in open court on March 30, 2016,
ORDERED:
Defendant Prospect Mortgage, LLC's Motion for Award of Attorneys' Fees
and Costs 1 and The Trust's Rule 54(d) Motion for Attorneys' Fees and Nontaxable

1

Doc. 371.

Expenses2 are GRANTED IN PART. Defendants are entitled to seek and recover
reasonable attorney fees and costs incurred in the defense of claims asserted by
Plaintiffs. In addition, Defendant, Thornburg Mortgage Securities Trust Loan
Pass-Through Certification Series 2006-3 ("Trust"), is entitled to seek and recover
reasonable attorney fees and costs incurred in prosecution of its counterclaims.
FURTHER ORDERED:
This case is referred to Magistrate Judge John T. Johnston, to schedule and
conduct all proceedings and hearings necessary, and to submit to the Court
proposed findings of fact and conclusions of law and recommendations for awards
of reasonable attorneys' fees and costs to be allowed to Defendants Prospect
Mortgage, LLC and the Trust. 28 U.S.C. § 636(b)(l)(B).
The Clerk of Court shall forthwith notify the parties and Magistrate Judge
Johnston of the making of this Order.
DATED this

A-ay

of March, 2016.

United States District Court

2

Doc. 377.
-2-