USA et al v. American Home Mortgage Servicing Inc et al

Filing 347

ORDER AMENDING SCHEDULE FOR ARGUMENTS ON PENDING MOTIONS re 326 Notice of Hearing on All Pending Motions Scheduled for April 28, 2014. Signed by Honorable Joseph F. Anderson, Jr. on 04/21/2014. (bshr, )

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION United States Of America, ex rel. Lynn E. Szymoniak, C/A No. 0:10-cv-01465-JFA Plaintiffs, vs. American Home Mortgage Servicing, Inc.; Saxon Mortgage Services, Inc.; Lender Processing Services, Inc.; DocX, LLC; CitiMortgage, Inc., f/k/a Citi Residential Lending, Inc., AMC Mortgage Services, Inc.; Wells Fargo Home Mortgage d/b/a America’s Servicing Company, Bank of America Corporation, as successor-in-interest to LaSalle Bank; Bank Of New York Mellon Corporation; Citibank National Association; Deutsche Bank National Trust Company; Deutsche Bank Trust Company Americas; HSBC USA National Association; J.P. Morgan Chase Bank National Association; U.S. Bank National Association; and Wells Fargo Bank National Association, ORDER AMENDING SCHEDULE FOR ARGUMENTS ON PENDING MOTIONS Defendants. United States Of America, ex rel. Lynn E. Szymoniak, Plaintiffs, vs. ACE Securities Corporation; Ally Financial, Inc., f/k/a GMAC Inc.; Aurora Loan Services, LLC; Bank of America, as successor-ininterest to Countrywide Financial Corporation; BAC Home Loans Servicing, LLP; Banc of America Mortgage Securities, Inc.; Bayview Loan Servicing LLC; California Reconveyance Company; Carrington Mortgage Services; C/A No. 0:13-cv-00464-JFA Chase Home Finance LLC; CitiMortgage Inc. f/k/a Citi Residential Lending Inc., f/k/a AMC Mortgage Services Inc.; HomEq Servicing Corporation, d/b/a Barclays Capital Real Estate, Inc.; HSBC Mortgage Services Inc.; Litton Loan Servicing LP; Nationwide Title Clearing Inc.; Ocwen Loan Servicing; OneWest Bank; Orion Financial Group, Inc.; Prommis Solutions, LLC; Securities Connection, Inc.; Select Portfolio Services, Inc.; Vericrest Financial, Inc.; Wells Fargo Home Mortgage, d/b/a America’s Servicing Company; DocX LLC; and Lender Processing Services, Inc., Defendants. The court has scheduled oral arguments for Monday, April 28, 2014, on all pending motions in the two above-referenced actions.1 After reviewing the submissions of the parties, it appears that a bifurcation of the arguments on the various motions is appropriate. Therefore, to promote judicial efficiency and to allow ample time to review and to digest the myriad issues raised in the motions, the court will hear arguments on the motions to dismiss for lack of subject-matter jurisdiction, pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure, at 10:00 a.m. on Monday, April 28, 2014, at the United States District Court at 901 Richland Street in Columbia, South Carolina. The court has set aside all day, if necessary, to hear the Rule 12(b)(1) motions and asks that counsel adjust their schedules accordingly. If the Rule 12(b)(1) motions are not granted, the court will proceed to decide the motions to dismiss filed pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, either based upon the parties’ briefs submitted, or, if the court determines that oral argument would aid in the 1 These cases have not been consolidated. The court has captioned them together for purposes of noticing the hearing only. 2 decisional process, at a hearing on Tuesday, May 20, 2014, at the United States District Court at 85 Broad Street in Charleston, South Carolina. IT IS SO ORDERED. April 21, 2014 Columbia, South Carolina Joseph F. Anderson, Jr. United States District Judge 3

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