DAVIS v. NATIONSTAR MORTGAGE, LLC et al

Filing 15

MEMORANDUM AND ORDER THAT THE MOTION TO DISMISS IS GRANTED. COUNT THREE IS DISMISSED WITH PREJUDICE. THIS CASE IS STAYED PENDING FURTHER ORDER OF THE COURT. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 1/4/15. 1/4/15 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KAMESHIA PAIGE DAVIS
CIVIL ACTION
v.
NO. 15-CV-4944
NATIONSTAR MORTGAGE, LLC;
NATIONSTAR MORTGAGE
HOLDINGS, INC.
ORDER
And NOW, this 4th day of January, 2016, for the reasons stated in the foregoing
Memorandum, upon consideration of Defendants’ Motion to Dismiss Count Three (ECF 8) and
Motion to Stay (ECF 9), and all responses and replies thereto, it is hereby ORDERED that:
1. The Motion to Dismiss is GRANTED. Count Three is dismissed with prejudice;
2. This case is STAYED pending further order of the Court;
3. Counsel for Plaintiff and Defendants shall meet and confer regarding what if any impact
the Supreme Court’s decision in Spokeo, Inc. v. Robins, No. 13-1339 has on this case
once the Court issues a decision. Following the meet and confer, both sides shall be free
to file any motions they see fit, including but not limited to motions to lift or extend the
stay or motions to dismiss;
4. Plaintiff’s counsel shall, within fourteen (14) days from the docketing of this Order, file a
memorandum explaining why they alleged in the Amended Complaint that the mortgage
issued was not a “purchase money mortgage” when the document clearly states that it is.

BY THE COURT:
/s/ Michael M. Baylson
MICHAEL M. BAYLSON, U.S.D.J.
O:\CIVIL 15\15-4944 davis v nationstar\15cv4944.2016.01.04.order re mtd.doc