Freeto v. Litton Loan Servicing LP et al

Filing 51

ORDER LIFTING STAY. IT IS ORDERED that the stay in case no. 3:09-cv-00754-LRH-VPC entered on March 5, 2010, is hereby LIFTED. FURTHER ORDERED, defendants have twenty (20) days after the issuance of this order to answer or otherwise respond to the remanded claims. Signed by Judge Larry R. Hicks on 6/22/2010. (Copies have been distributed pursuant to the NEF - KO)

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA *** ) ) ) ) ) ) ) ) ) ) )

RONALD E. FREETO, Plaintiff, v. LITTON LOAN SERVICING LP; et al., Defendants.

3:09-cv-00754-LRH-VPC ORDER

Before the court is District Judge for the District of Arizona James A. Teilborg's ("Teilborg") order to remand filed on June 7, 2010. Doc. #42.1 In 2009, the United States Judicial Panel on Multi-District Litigation ("panel") consolidated numerous cases in which plaintiffs allege that MERS engaged in improper business practices when processing home loans. The panel assigned Judge Teilborg to oversee these cases, and he will preside over all issues (discovery, dispositive motions, settlement) except for trials. In re: Mortgage Electronic Registration Systems (MERS) Litigation, MDL No. 2119. In various transfer orders the Panel consolidated several cases, one of which is the current matter Freeto v. Litton Loan Servicing LP, 3:09-cv-0754-LRH-VPC. However, as part of the transfer order, the Panel transferred only those claims that "relate to the formation and/or operation

Refers to the court's docket entry number.

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of MERS." The Panel held that all other claims "unrelated to the formation and/or operation of the MERS system are separately and simultaneously remanded" to the district court in which they were first brought. Thereafter, on March 5, 2010, the court stayed the proceedings pending Judge Teilborg's order parsing the claims and remanding the unrelated defendants and claims back to this court. Doc. #40. On June 7, 2010, Judge Teilborg issued an initial remand order. Doc. #42. Pursuant to that order Judge Teilborg remanded: (1) claim 1 for unfair lending practices; (2) claim 12 for unjust enrichment; (3) claim 3 for injunctive relief as it relates to the remanded claims; and (4) claim 4 for declaratory relief as it relates to the remanded claims. Id.

IT IS THEREFORE ORDERED that the stay in case no. 3:09-cv-0754-LRH-VPC entered on March 5, 2010, is hereby LIFTED. IT IS FURTHER ORDERED that defendants have twenty (20) days after the issuance of this order to answer or otherwise respond to the remanded claims. IT IS SO ORDERED. DATED this 22nd day of June, 2010.

__________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE

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