MARKOCKI v. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY

Filing 255

ORDER THAT DEFENDANT OLD REPUBLICS MOTION TO DECERTIFY CLASS (DOC. 213 ) IS GRANTED AS TO THE PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW (UTPCPL) CLAIM AND DENIED AS TO THE REAL ESTATE SETTLEMENT PROCEDURES ACT (RESPA) CLAIM; T HIRD PARTY DEFENDANT CITIZENS MOTION TO DECERTIFY CLASS (DOC. 216 ) IS GRANTED AS TO THE UTPCPL CLAIM AND DENIED AS TO THE RESPA CLAIM; PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT (DOC. 168 ) IS DENIED; DEFENDANT OLD REPUBLICS CROSS-MOTION FOR SUMMARY JUDGMENT (DOC. 181 ) IS DENIED AS TO THE UTPCPL CLAIM AND GRANTED AS TO THE RESPA CLAIM; AND THIRD PARTY DEFENDANT CITIZENS MOTION FOR JOINDER OR, ALTERNATIVELY, MOTION FOR SUMMARY JUDGMENT (DOC. 182 ) IS DENIED. ETC. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 5/26/15. 5/28/15 ENTERED AND COPIES E-MAILED. (va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DONNA MARKOCKI,
Plaintiff,
v.
OLD REPUBLIC NATIONAL TITLE
INSURANCE COMPANY,
Defendant,
v.
CITIZENS' ABSTRACT, INC.
Third Party Defendant.

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CIVIL ACTION
NO. 06-2422

ORDER

AND NOW, this __26th__ day of May, 2015, upon consideration of Defendant Old
Republic National Title Insurance Company’s (“Old Republic”) Motion to Decertify Class (Doc.
213), Third Party Defendant Citizens’ Abstract Inc.’s (“Citizens”) Motion to Decertify Class
(Doc. 216), Plaintiff Donna Markocki’s Motion for Partial Summary Judgment (Doc. 168),
Defendant Old Republic’s Cross-Motion for Summary Judgment (Doc. 181), and Citizens’
Motion for Joinder or, Alternatively, Motion for Summary Judgment (Doc. 182), and the parties’
various responses and replies thereto, IT IS HEREBY ORDERED AND DECREED the
following:
1)

Defendant Old Republic’s Motion to Decertify Class (Doc. 213) is GRANTED as
to the Pennsylvania Unfair Trade Practices and Consumer Protection Law
(“UTPCPL”) claim and DENIED as to the Real Estate Settlement Procedures Act

(“RESPA”) claim;
2)

Third Party Defendant Citizens’ Motion to Decertify Class (Doc. 216) is
GRANTED as to the UTPCPL claim and DENIED as to the RESPA claim;

3)

Plaintiff’s Motion for Partial Summary Judgment (Doc. 168) is DENIED;

4)

Defendant Old Republic’s Cross-Motion for Summary Judgment (Doc. 181) is
DENIED as to the UTPCPL claim and GRANTED as to the RESPA claim; and

5)

Third Party Defendant Citizens’ Motion for Joinder or, Alternatively, Motion for
Summary Judgment (Doc. 182) is DENIED.1

BY THE COURT:
/s/ Petrese B. Tucker
_________________________
Hon. Petrese B. Tucker, C. J.

1

This Order accompanies the Court’s Memorandum Opinion dated May 26, 2015.