RIDDLE v. BANK OF AMERICA CORPORATION et al

Filing 99

MEMORANDUM AND ORDER THAT UNITED'S MOTION 78 IS GRANTED AS UNCONTESTED IN PART AND DENIED IN PART. THE MOTION IS GRANTED AS UNCONTESTED AS TO ALL CLAIMS BROUGHT BY PLAINTIFFS RIDDLE AND STANTON. IT IS DENIED IN ALL OTHER RESPECTS. RADIAN AND G ENWORTH'S MOTION 79 IS DENIED. THE BANK OF AMERICA DEFENDANTS' MOTION 83 IS DENIED. THE PARTIES SHALL CONDUCT DISCOVERY LIMITED TO THE STATUTE OF LIMITATIONS AND EQUITABLE TOLLING ISSUES. THIS LIMITED DISCOVERY SHALL BE COMPLETED BY FRI DAY, 6/14/13. DEFENDANTS MAY THEN FILE MOTIONS, EACH MOTION NOT TO EXCEED TWENTY PAGES, ON OR BEFOE FRIDAY, 7/12/13. IF DEFENDANTS FILE MOTIONS, PLAINTIFFS SHALL FILE A CONSOLIDATED RESPONSE, NOT TO EXCEED FORTY PAGES, ON OR BEFORE FRIDAY, 8/9/13. NO REPLIES ARE PERMITTED. SIGNED BY HONORABLE BERLE M. SCHILLER ON 4/11/13. 4/11/13 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
THOMAS J. RIDDLE, individually and :
on behalf of all other similarly situated, :
Plaintiffs,
:
:
v.
:
:
BANK OF AMERICA
:
CORPORATION, et al.,
:
Defendants.
:

CIVIL ACTION

No. 12-1740

ORDER
AND NOW, this 11th day of April, 2013, upon consideration of the Motion to Dismiss of
Defendant United Guaranty Residential Insurance Company, Defendants Radian Guaranty, Inc.
and Genworth Mortgage Insurance Corporation’s Motion to Dismiss Pursuant to Federal Rule of
Civil Procedure 12(b)(6), the Motion of Defendants, Bank of America Corporation, Bank of
America, N.A., and Bank of America Reinsurance Corporation to Dismiss the Action Pursuant to
Federal Rule of Civil Procedure 12(b)(6), Plaintiffs’ Consolidated Response thereto, Defendants’
replies thereon, and for the reasons provided in this Court’s Memorandum dated April 11, 2013,
it is hereby ORDERED that:
1.

United’s motion (Document No. 78) is GRANTED as uncontested in part and
DENIED in part. The motion is GRANTED as uncontested as to all claims
brought by Plaintiffs Riddle and Stanton. It is DENIED in all other respects.

2.

Radian and Genworth’s motion (Document No. 79) is DENIED.

3.

The Bank of America Defendants’ motion (Document No. 83) is DENIED.

4.

The Parties shall conduct discovery limited to the statute of limitations and
equitable tolling issues. This limited discovery shall be completed by Friday,

June 14, 2013. Defendants may then file motions, each motion not to exceed
twenty pages, on or before Friday, July 12, 2013. If Defendants file motions,
Plaintiffs shall file a consolidated response, not to exceed forty pages, on or before
Friday, August 9, 2013. No replies are permitted.
BY THE COURT:

Berle M. Schiller, J.

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