TAGGART v. MORGAN STANLEY ABS CAPITAL I INC. TRUST 2007-HE2 et al

Filing 41

ORDER THAT THE PLAINTIFFS MOTIONS TO REMAND (DOC. NOS. 8 , 19 ) ARE DENIED; THE PLAINTIFFS CLAIMS AGAINST THE DEFENDANTS, MORGAN STANLEY ABS CAPITAL I INC. TRUST 2007-HE2, EUGENE JASKIEWICZ, AND VALERIE SCHLECHTER, ARE DISMISSED PURSUANT TO THE DOC TRINE OF FRAUDULENT JOINDER; THE MOTION TO DISMISS FILED BY THE DEFENDANTS, DEUTSCHE BANK NATIONAL TRUST COMPANY, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., MERSCORP HOLDINGS, INC., AND U.S. BANK, N.A., (DOC. NO. 7 ) IS GRANTED IN PART AND DENI ED IN PART AS FOLLOWS: A. THE MOTION TO DISMISS THE QUIET TITLE CLAIMS UNDER PENNSYLVANIA RULE OF CIVIL PROCEDURE 1061 AGAINST THE DEFENDANTS, DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC.TURST 2007-HE2 AND U. S. BANK, N.A., IS DENIED; AND B. THE MOTION TO DISMISS THE REMAINING CLAIMS IS GRANTED AND ALL OTHER CLAIMS AGAINST ALL DEFENDANTS ARE DISMISSED WITHOUT PREJUDICE; 4. THE PLAINTIFFS MOTION TO STAY (DOC. NO. 23 ) IS DENIED; AND 5. THE MOTION TO DISMISS FILED BY THE DEFENDANT, EUGENE JASCKIEWICZ, (DOC. NO. 30 ) IS DENIED AS MOOT. SIGNED BY HONORABLE EDWARD G. SMITH ON 8/1/16. 8/1/16 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED.(mas, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KENNETH J. TAGGART,
Plaintiff,
v.
MORGAN STANLEY ABS CAPITAL
I INC. TRUST 2007-HE2, DEUTSCHE
BANK NATIONAL TRUST COMPANY
AS TRUSTEE FOR MORGAN STANLEY
ABS CAPITAL I INC. TRUST 2007-HE2,
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC (a/k/a
MERS), MERSCORP, INC., U.S. BANK
N.A., EUGENE JASKIEWICZ, VALERIE
SCHLECHTER, DOES,
Defendants.

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CIVIL ACTION NO. 16-62

ORDER
AND NOW, this 1st day of August, 2016, for the reasons set forth in the accompanying
memorandum opinion; accordingly, it hereby ORDERED as follows:
1.

The plaintiff’s motions to remand (Doc. Nos. 8, 19) are DENIED;

2.

The plaintiff’s claims against the defendants, Morgan Stanley ABS Capital I Inc.

Trust 2007-HE2, Eugene Jaskiewicz, and Valerie Schlechter, are DISMISSED pursuant to the
doctrine of fraudulent joinder;
3.

The motion to dismiss filed by the defendants, Deutsche Bank National Trust

Company, Mortgage Electronic Registration Systems, Inc., MERSCORP Holdings, Inc., and
U.S. Bank, N.A., (Doc. No. 7) is GRANTED IN PART and DENIED IN PART as follows:

a.

The motion to dismiss the quiet title claims under Pennsylvania Rule of

Civil Procedure 1061 against the defendants, Deutsche Bank National Trust Company as Trustee
for Morgan Stanley ABS Capital I Inc.Turst 2007-HE2 and U.S. Bank, N.A., is DENIED; and
b.

The motion to dismiss the remaining claims is GRANTED and all other

claims against all defendants are DISMISSED WITHOUT PREJUDICE;
4.

The plaintiff’s motion to stay (Doc. No. 23) is DENIED; and

5.

The motion to dismiss filed by the defendant, Eugene Jasckiewicz, (Doc. No. 30)

is DENIED AS MOOT.

BY THE COURT:

/s/ Edward G. Smith
EDWARD G. SMITH, J.