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)

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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

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