MTGLQ Investors, LP v. Wellington et al

Filing 73

ORDER OF DISMISSAL by District Judge Kenneth J. Gonzales dismissing Ms. Wellington's counterclaim against JPMorgan (tah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
MTGLQ INVESTORS, LP,
Plaintiff,
v.

No. 1:17-cv-00487-KG-LF

MONICA L. WELLINGTON, THE MONICA L.
WELLINGTON DECLARATION OF TRUST
DATED DECEMBER 28, 2007, ALTURA VILLAGE
HOMEOWNERS’ ASSOCIATION, INC., JPMORGAN
CHASE BANK, N.A., AND THE UNKNOWN SPOUSE
OF MONICA L. WELLINGTON,
Defendants,
and
MONICA L. WELLINGTON,
Counter-Claimant,
v.
MTGLQ INVESTORS, LP,
Counter-Defendant,
and
MONICA L. WELLINGTON,
Cross-Claimant,
v.
JPMORGAN CHASE BANK, N.A.,
Cross-Defendant,
and
MONICA L. WELLINGTON,

Third-Party Plaintiff,
v.
WEINSTEIN & RILEY, P.S., ELIZABETH V.
FRIEDENSTEIN, RUSHMORE LOAN MANAGEMENT
SERVICES, LLC,
Third-Party Defendants.
ORDER OF DISMISSAL
This matter comes before the Court upon “JPMorgan Chase Bank, N.A.’s Motion to
Dismiss First Amended Counterclaim and Brief in Support.” (Doc. 15). The Court conducted a
hearing on March 28, 2018, in which it briefly explained its reasons for granting the motions to
dismiss Ms. Wellington’s Counterclaim and Amended Counterclaim. (Docs. 6 and 12). Ms.
Wellington seeks declaratory relief against JPMorgan. (Doc. 12) at 15, ¶¶ 81-85. As explained
in the Memorandum Opinion and Order granting Plaintiff/Counterdefendant and Third-Party
Defendant’s motions to dismiss, simultaneously filed with this Order of Dismissal, the Court also
grants JPMorgan’s motion because Ms. Wellington lacks standing to pursue a declaratory
judgment claim against JPMorgan.
IT IS ORDERED that Ms. Wellington’s counterclaim against JPMorgan is dismissed
with prejudice.

_________________________________
UNITED STATES DISTRICT JUDGE