GLOVER v. WASHINGTON MUTUAL BANK, F.A. et al

Filing 220

ORDER granting in part and denying in part 167 Motion to Dismiss; adopting as amended Report and Recommendations re 205 Report and Recommendations. Signed by Judge Donetta W. Ambrose on 4/19/2011. (jlh )

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

MARY E. GLOVER,

)

)

individually and on behalf

)

of other similarly situated
former and current
homeowners in Pennsylvania,

)
)
)
)
)

Plaintiffs,

CIVIL NO. 08-990

)
)

v.

)
)

MARK J. UDREN, UDREN LAW
OFFICES, P.C., WELLS FARGO
HOME MORTGAGE, GOLDMAN SACHS
MORTGAGE COMPANY

)
)
)
)
)

Defendants.

)

o RDE R
AND

NOW,

this

i9'1a y

of

April,

2011,

after

the

plaintiff filed an action in the above-captioned case, and after
a motion to dismiss was submitted by defendants Mark Udren and
Udren Law Offices, P.C.,
was

filed by

parties
written

the United States Magistrate Judge granting the

fourteen days
objections

objections

, and after a Report and Recommendation

filed

after being served with a

thereto,
by

and

plaintiff

obj ections filed by defendants,
the

motion

and

the

record,

upon
and

copy to

consideration

the

response

of
to

file
the
those

and upon independent review of
and

upon

consideration

of

the

Magistrate Judge's Report and Recommendation

(Docket No.

205),

which is adopted as amended below, as the opinion of this Court,
IT

IS

ORDERED

that

defendants'

motion

to

dismiss

(Docket NO. 167) is GRANTED in part and DENIED in part.
In

addition,

plaintiff

has

correctly

identified

a

factual error in the Report and Recommendation, therefore,
Is

It

FURTHER ORDERED

that

pages

12

and 13

of

the

Report and Recommendation be amended as follows:
• September

24,

2009

FDIC

denies

Glover's

administrative claim;
• October 14, 2009 - Glover files amended complaint
including FDCPA allegation against Udren.
AS

this

Court

calculates,

the

two

stays entered in this

case, 90 days between October 24, 2008 and January 22, 2009, and
the time between the this Court's March 20,
the FDIC's motion for a
denial

of

Glover's

2009 Order granting

stay and the September 24,

administrative

claim,

2009

totaling

188

FDIC
days,

would extend the time for Glover to file the FDCPA claim for 278
days.1
be

278

Therefore, the deadline for filing the FDCPA claim would
days

limitations

January

would have
1

of the

from

4,

2009,

normally expired,

when
or

the

statute

October

While the stay of proceedings pending exhaustion
administrative

proceedings

did

not

technically go

into effect until the District Court's June 15,

2009 order

denying Glover's objections. the duration of the stay will

be calculated generously to Glover from this Court's March

20, 2009 Memorandum and Order.

9,

of

2009.

The complaint was not filed until October 14,

2009;

therefore

the FDCPA claim is time-barred.

United States District Judge