Ticor Title Insurance Company v. Title Insurance & Indemnity Corporation of North America, LLC et al

Filing 131

Opinion and Order signed by Judge James S. Gwin on 9/13/10. The Court denies the motion to sever of Option One and Wells Fargo as set forth herein. If the parties identify depositions they were unable to participate in, the Court will consider a motion to reopen discovery for that purpose. (Related Doc. 130 ) (M,G) Modified text on 9/14/2010 (M,TL).

Ticor Title Insurance Company v. Title Assurance & Indemnity Corporation of North America, LLC et al

Doc. 131

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ------------------------------------------------------: TICOR TITLE INSURANCE CO., : : Plaintiff, : : vs. : : TITLE ASSURANCE & INDEMNITY : CORP., LLC, et al., : : Defendants. : : -------------------------------------------------------

CASE NO. 1:09-cv-775

OPINION & ORDER [Resolving Doc. No. 130]

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: In this breach of contract and fraud case, Third-Party Defendants Wells Fargo Bank, N.A. and Option One Mortgage move the Court to sever Third-Party Plaintiff Randy Pittman's counterclaim and Option One's cross-claim from the remainder of the case. Because Wells Fargo and Option One have not demonstrated sufficient reasons to sever the claims, the Court DENIES Wells Fargo's and Option One's joint motion to sever. If, however, Wells Fargo or Option One identify depositions they were unable to participate in and move the Court for leave, the Court will consider opening discovery for that purpose. IT IS SO ORDERED.

Dated: September 13, 2010

s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE

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