Broxmeyer v. American Home Mortgage Servicing, Inc. et al

Filing 59

ORDER Denying 38 Motion for Summary Judgment. Denying 20 Motion to Dismiss. Signed by Judge James C. Mahan on 1/6/2012. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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2:10-CV-1997 JCM (RJJ)

BARBARA L. BROXMEYER,
Plaintiff,
v.
MOUNTAINVIEW MORTGAGE
COMPANY, et al.,

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Defendants.

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ORDER
Presently before the court is the case of Broxmeyer v. Mountain View Mortgage Co., et. al.,
case number 2:10-cv-01997-JCM-RJJ.

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Currently, there are two long-pending motions in this case: defendant Fidelity National Title

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Insurance Company’s motion to dismiss (doc. #20) and defendants American Home Mortgage

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Servicing, Inc., et. al.’s motion for summary judgment (doc. #38). The court has not ruled on these

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motions because Magistrate Judge Robert Johnston stayed the case pending a settlement conference.

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(Doc. #45).

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The magistrate held settlement conferences on October 27, 2011, and November 14, 2011.

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(Docs. #50 and #57). During these settlement conferences, the parties advised the court that they

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had reached a settlement. (Docs. #50 and #57). The magistrate ordered the parties to file a joint

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status report by March 15, 2012. (Doc. #57).

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James C. Mahan
U.S. District Judge

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The settlement documents in this case will not be filed until on or after March 15, 2012. As

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of March 15, 2012, the two outstanding motions will have been pending for almost one year and nine

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months, respectively. (See Docs. #20 and #38). In light of the foregoing, the court finds that the

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long-pending motions should be denied without prejudice.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant Fidelity

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National Title Insurance Company’s motion to dismiss (doc. #20) and defendants American Home

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Mortgage Servicing, Inc., et. al.’s motion for summary judgment (doc. #38) be, and the same hereby

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are, DENIED without prejudice.

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DATED January 6, 2012.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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