CAVE et al v. SAXON MORTGAGE SERVICES, INC. et al

Filing 159

ORDER THAT PLAINTIFFS' MOTION TO EXCLUDE EXPERT REPORT, OPINIONS AND TESTIMONY OF SAXON 'S EXPERT IS GRANTED IN PART AND DENIED IN PART. PLAINTIFFS' MOTIONS TO SEAL [DOC NOS. 109 AND 112] ARE GRANTED. PLAINTIFFS' MOTION FOR LEAVE TO FILE REPLY IS GRANTED. DEFENDANT'S MOTION TO STRIKE AYERS ERRATA IS DENIED. SIGNED BY HONORABLE JOHN R. PADOVA ON 10/19/15. 10/20/15 ENTERED AND COPIES E-MAILED.(mbh, ). Modified on 10/20/2015 (fb). (Main Document 159 replaced on 10/20/2015) (mbh, ).

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA

LISA and SCOTT CAVE, on behalf of
themselves and all others similarly situated,
Plaintiffs,
Civ. A. No. 11-4586

v.
SAXON MORTGAGE SERVICES, INC.,
Defendant.
WILLIAM D. CAVE, on behalf of himself and
all others similarly situated,
Plaintiffs,
v.

Civ. A. No. 12-5366

SAXON MORTGAGE SERVICES, INC.,
Defendant.

ORDER
AND NOW, this 19th day of October, 2015, IT IS HEREBY ORDERED as follows:
1.

Plaintiffs’ Motion to Exclude Expert Report, Opinions, and Testimony of Saxon
Mortgage Services, Inc.’s Expert, Marsha J. Courchane, Ph.D. (Civ. A. No. 11-4586
Docket Entry 113; Civ. A. No. 12-5366 Docket Entry 107) is GRANTED IN PART
AND DENIED IN PART as follows:
a.

As to the Denied Class proposed to be certified in Civ. A. No. 11-4586, and the
Pennsylvania Class proposed to be certified in Civ. A. No. 12-5366, the Motion is

GRANTED as to Paragraphs 13, 15-17, 19-1-19-8, 21, 43-50, 53, 55, 58, and 9798.
b.

As to the Credit Reporting Class and Foreclosure Class proposed to be certified in
Civ. A. Nos. 11-4586 and 12-5366, the Motion is GRANTED as to Paragraphs
13, 15- 17, 19-1, 19-2, 19-3, 19-4, 19-8, 43, 44, and 97-98.

c.

As to the “Multistate Class” proposed to be certified in Civ. A. No. 12-5366, the
Motion is GRANTED as to Paragraphs 19-1, 19-5, 19-6, 19-7, 21, 47-50, 53, 55,
and 58.

d.
2.

The Motion is DENIED in all other respects.

Plaintiffs’ Motion to Seal (Civ. A. No. 11-4586 Docket Entry 109; Civ. A. No. 12-5366
Docket Entry 103) is GRANTED.

3.

Plaintiffs’ Motion to Seal (Civ. A. No. 11-4586 Docket Entry 112; Civ. A. No. 12-5366
Docket Entry 106) is GRANTED.

4.

Plaintiffs’ Motion for Leave to File Reply (Civ. A. No. 11-4586 Docket Entry 155; Civ.
A. No. 12-5366 Docket Entry 151) is GRANTED.

5.

Defendant’s Motion to Strike Ayers Errata (Civ. A. No. 11-4586 Docket Entry 127; Civ.
A. No. 12-5366 Docket Entry 122) is DENIED.
BY THE COURT:

/s/John R. Padova
_______________________________________
John R. Padova, J.

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