Hernandez v. Saxon Mortgage Services et al

Filing 38

ORDER that the portion of the Defendantss Motion 35 that seeks to Quash the Summons for Improper Service Against Defendants Ocwen Loan Servicing, LLC, The Bank of New York Mellon, as Trustee and Mortgage Electronic Registration Systems, Inc. is DE NIED as moot. FURTHER ORDERED that the portion of the Defendants' Motion 35 that seeks to Quash the Summons for Improper Service Against Counsel is GRANTED. Signed by Magistrate Judge Nancy J. Koppe on 7/2/13. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

***

9

15

)
)
)
Plaintiffs,
)
2:13-cv-00323-JCM-NJK
)
vs.
)
)
SAXON MORTGAGE SERVICES, et al.,
)
ORDER
)
)
Defendants.
)
)
Before the Court is Defendants’ Motion to Quash Summons for Improper Service Against

16

Defendants Ocwen Loan Servicing, LLC, The Bank of New York Mellon, as Trustee and

17

Mortgage Electronic Registration Systems, Inc., and Against Counsel, Docket No. 35, filed on

18

June 17, 2013.

10
11
12
13
14

PERLA HERNANDEZ,

19

On July 1, 2013, the Court dismissed every cause of action alleged against Defendants

20

Ocwen Loan Servicing, LLC, The Bank of New York Mellon, and Mortgage Electronic

21

Registration Systems, Inc. Docket No. 36. Accordingly, the Motion to Quash, as it relates to

22

these three Defendants, is moot.

23

The Defendants also seek to quash the service of the Summons and Complaint against

24

counsel for the Defendants, Mr. Allison and Mr. Ivie. The Defendants’ counsel are not named

25

defendants in this action and therefore service of a summons and complaint against them is not

26

proper. Accordingly, the Motion to Quash, as it relates to the Defendants’ counsel, is granted.

27

...

28

...

1

CONCLUSION

2

Based on the foregoing, and good cause appearing therefore,

3

IT IS FURTHER ORDERED that the portion of the Defendants’ Motion (#35) that

4

seeks to Quash the Summons for Improper Service Against Defendants Ocwen Loan Servicing,

5

LLC, The Bank of New York Mellon, as Trustee and Mortgage Electronic Registration Systems,

6

Inc. is DENIED as moot.

7
8
9

IT IS FURTHER ORDERED that the portion of the Defendants’ Motion (#35) that
seeks to Quash the Summons for Improper Service Against Counsel is GRANTED.
DATED this

2nd

day of July, 2013

10
11
12
13

NANCY J. KOPPE
United States Magistrate Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-