Ike et al v. Quantum Servicing Corporation et al

Filing 25

ORDER Modifying Order on Motion to Dismiss. Signed by Judge Samuel H. Mays, Jr on 08/28/2012.

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

MIKE O. IKE and EARLENE G.
IKE,

)
)
)
)
)
)
)
)
)
)
)
)

Plaintiffs,
v.
QUANTUM SERVICING CORPORATION,
WMC MORTGAGE, LLC, and WILSON
& ASSOCIATES, PLLC,
Defendants.

No. 11-2914

ORDER MODIFYING ORDER ON MOTION TO DISMISS

On August 20, 2012, the Court dismissed Plaintiffs Mike and
Earlene

Ikes’

Servicing

(the

Corporation

(ECF No. 23.)
claims

claims

(“Quantum”)

against
for

Defendant

failure

to

Quantum

prosecute.

On August 27, 2012, the Court dismissed the Ikes’

against

merits.

“Ikes”)

Defendant

(ECF No. 24.)

Wilson

&

Associates,

PLLC

on

the

Neither Order addressed claims brought

against Defendant WMC Mortgage, LLC (“WMC”).
“As

long

as

a

district

court

has

jurisdiction

over

the

case, then it possesses the inherent procedural power to . . .
modify

an

interlocutory

sufficient.”

order

for

cause

seen

by

it

to

be

Leelanau Wine Cellars, Ltd. v. Black & Red, Inc.,

118 F. App’x 942, 946 (6th Cir. 2004) (emphasis omitted); see
also In re Saffady, 524 F.3d 799, 802-03 (6th Cir. 2008).

On

June 22, 2012, WMC joined Quantum’s motion to dismiss.
17.)

(ECF No.

WMC adopted by reference Quantum’s legal arguments.

The Court’s

August

20

Order

should

Ikes’ claims against WMC and Quantum.

operate

to

(Id.)

terminate

the

Thus, the August 20 Order

is MODIFIED to include a dismissal with prejudice of the Ikes’
claims against WMC.

The Ikes’ claims against WMC are DISMISSED

WITH PREJUDICE.
So ordered this 28th day of August, 2012.

s/ Samuel H. Mays, Jr._______
SAMUEL H. MAYS, JR.
UNITED STATES DISTRICT JUDGE