Leung et al v. BAC Home Loans Servicing,LP et al

Filing 27

ORDER that 25 Motion for Clarification of Judgment is GRANTED. The Clerk shall file an amended judgment. Signed by Judge James C. Mahan on 3/27/13. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 FUNG YING LEUNG, et al., 9 10 11 12 13 14 2:12-CV-1393 JCM (VCF) Plaintiff(s), v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., et al., Defendant(s). 15 16 17 18 ORDER Presently before the court is defendant BAC Home Loans Servicing LP’s motion for clarification of judgment. (Doc. # 25). No responses or replies have been filed. 19 Three defendants filed a motion to dismiss the amended complaint. (Doc. # 11). Other 20 defendants filed a joinder to the motion to dismiss. (Doc. # 20). In this mortgage fraud case, this 21 court dismissed all of plaintiffs’ claims with prejudice. (Doc. # 23). The clerk of the court entered 22 judgment in favor of Merscorp, Inc., Mortgage Electronic Registration Systems, Inc., Ocwen Home 23 Loans Servicing LP, and BAC Home Loan Ass-Inc, and against the plaintiff. 24 Defendants BAC Home Loans Servicing LP and Countrywide Home Loan Servicing LP 25 move the court to amend the judgment to include them. The court finds that BAC Home Loans 26 Servicing LP was improperly omitted off of the clerk’s judgment. However, Countrywide Home 27 28 James C. Mahan U.S. District Judge 1 Loan Servicing LP has already been terminated.1 2 Accordingly, 3 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant BAC Home 4 Loans Servicing LP motion for clarification of judgment (doc. # 25) be, and the same hereby, is 5 GRANTED consistent with the foregoing. 6 IT IS FURTHER ORDERED that the clerk of the court shall file an amended judgment. 7 DATED March 27, 2013. 8 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 Countrywide had already been terminated from this case. Plaintiffs listed Countrywide in the caption of the amended complaint; however, plaintiffs did not allege any causes of action against Countrywide in the body of the complaint. Countrywide was terminated from the case on the date 26 27 28 James C. Mahan U.S. District Judge that plaintiffs filed the amended complaint. Countrywide’s termination from the case is reflected in the caption on CM/ECF. -2-

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