OCWEN LOAN SERVICING, LLC et al v. RADIAN GUARANTY INC.
Filing
97
ORDER THAT DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART AND PLAINTFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/31/18. 2/1/18 ENTERED AND COPIES E-MAILED.(mbh, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
OCWEN LOAN SERVICING, LLC, et
CIVIL ACTION
al
v.
NO. 16-6586
RADIAN GUARANTY, INC.
ORDER
AND N 0 W, this 31st day of January 2018, upon considering the parties' Cross-Motions
for Summary Judgment on the 30 identified bellwether loans (ECF Doc. No. 84, 85),
supplemental responses (ECF Doc. No. 89, 90), Defendant's sur-reply (ECF Doc. No. 95) and
for reasons in the accompanying Memorandum, it is ORDERED Defendant's Motion (ECF
Doc. No. 84) is GRANTED in part and DENIED in part, Plaintiffs' Motion (ECF Doc. No.
85) is GRANTED in part and DENIED in part and we proceed on:
1.
Plaintiffs' declaratory judgment for the 30 identified bellwether loans; 1
2.
Plaintiffs' breach of contract claim on bellwether loan certificates:
53001043
53011114
53106980
53107616
53108723
53194326
53225724
64040480
65575723
65584131
65728594
65791708
65815327
65817890
65818414
65826484
65858954
65860272
65954693
65957170
82618193
95652591
95910060
96408079
1
53010655
96413862
96729457
99308281
99573712
Ocwen is not proceeding to trial on its equitable indemnification claim on a bellwether loan.
3.
Plaintiffs' bad faith claim on bellwether loan certificates:
53010655
53011114
53106980
53194326
65575723
65728594
65815327
65818414
65826484
65858954
96408079
96729457
99573712
4.
Defendant's declaratory judgment and unjust enrichment counterclaims for the 30
identified bellwether loans;
5.
Defendant's statutory insurance fraud counterclaim on bellwether loan certificates
65728594, 65815327, and 96408079; and,
6.
Defendant's breach of contract counterclaim on bellwether loan certificate
99573712.
d&z~
2
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