Archer et al v. Bank of America Corporation et al

Filing 80

ORDER Vacating 78 Conditional Transfer Order. Signed by MDL M MDL on 12/13/2011. (Copies have been distributed pursuant to the NEF - SLR)

Case MDL No. 2193 Document 88 Filed 12/13/11 Page 1 of 2

UNITED STATES JUDICIAL PANEL
on
MULTIDISTRICT LITIGATION
IN RE: BANK OF AMERICA HOME AFFORDABLE
MODIFICATION PROGRAM (HAMP) CONTRACT
LITIGATION
Leslie Archer, et al. v. Bank of America Corporation, et al., )
D. Nevada, C.A. No. 2:11-1264
)

MDL No. 2193

ORDER VACATING CONDITIONAL TRANSFER ORDER
Before the Panel: Pursuant Panel Rule 7.1, plaintiffs move to vacate our order that
conditionally transferred their action (Archer) to MDL No. 2193. Additionally, defendant MTC
Financial Inc. dba Trustee Corps (Trustee Corps) moves to partially vacate our order and to separate
claims against Trustee Corps and allow them to proceed in the District of Nevada. Defendant Bank
of America, N.A. (Bank of America) does not oppose the motions.
After considering all argument of counsel, we will grant the motions to vacate. Our original
decision in this MDL centralized in the District of Massachusetts class actions sharing questions of
fact arising from allegations that “Bank of America regularly fails to comply with the terms of the
Home Affordable Modification Program (HAMP).” In re Bank of Am. Home Affordable
Modification Program (HAMP) Contract Litig., 746 F. Supp. 2d 1359, 1361 (J.P.M.L. 2010)
All actions in MDL No. 2193 center around allegations that Bank of America failed to
administer loan modifications properly under the HAMP program, as does the Archer action. Archer
thus shares questions of fact with MDL No. 2193; however, we are persuaded that Archer will focus
on the unique circumstances of each named plaintiff’s alleged interactions with Bank of America and
the other named defendants, rather Bank of America’s general HAMP practices. Indeed, the action
names four non-Bank of America companies as defendants and brings claims for wrongful
foreclosure. Such claims are unrelated to the MDL No. 2193 HAMP claims against Bank of
America. Bank of America’s acquiescence to the motions to vacate further persuades us that
transferring this action to the MDL would not promote the just and efficient resolution of the action
and MDL No. 2193, as a whole.
IT IS THEREFORE ORDERED that the Panel’s conditional transfer order designated as
“CTO-8" is vacated insofar as it relates to this action.

Case MDL No. 2193 Document 88 Filed 12/13/11 Page 2 of 2

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PANEL ON MULTIDISTRICT LITIGATION

_________________________________________
John G. Heyburn II
Chairman
Kathryn H. Vratil
Barbara S. Jones
Marjorie O. Rendell

W. Royal Furgeson, Jr.
Paul J. Barbadoro
Charles R. Breyer