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, )
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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