Lovings et al v. The Secretary of the U.S. Department of Housing and Urban Development et al

Filing 17

ORDER GRANTING 11 Motion for Summary Judgment; GRANTING 12 Motion to Dismiss for Lack of Jurisdiction. Defendants Nationwide Equities Corporation and Mortgage Electronic Registration Systems, Inc. are hereby DISMISSED from this action. Signed by Judge Robert Pitman. (ml)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
ROBERT LOVINGS, GARY LOVINGS,
BARBARA JEAN LOVINGS HORTON,
and CARROL LOVINGS HUTCHISON,
Plaintiffs,
v.
THE SECRETARY OF THE U.S.
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT, a department of the
U.S. Government, NATIONWIDE EQUITIES
CORPORATION, an entity organized under the
laws of the United States of America, and
MORTGAGE ELECTRONIC
REGISTRATION INC., a corporation organized
under the laws of the State of Delaware,
Defendants.

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1:16-CV-1319-RP

ORDER
Before the Court is Defendant Mortgage Electronic Registration Systems, Inc.’s Motion to
Dismiss for Lack of Subject Matter Jurisdiction. (Dkt. 12). Also pending before the Court is
Defendant Nationwide Equities Corporation’s Motion for Summary Judgment. (Dkt. 11).
Defendants argue in their respective motions that there is no case or controversy between
Plaintiffs and Defendants because the Defendants are no longer parties to the contracts at issue in
this suit. Accordingly, Defendants assert, this Court lacks jurisdiction over Plaintiffs’ claims against
them. See Okpalobi v. Foster, 244 F.3d 405, 425 (5th Cir. 2001) (“Under Article III of the Constitution,
the federal courts have jurisdiction over a claim between a plaintiff and a defendant only if it
presents ‘a case or controversy.’”). 1 In their response, Plaintiffs acknowledge that Defendants are no
1

Because Defendant Nationwide Equities Corporation’s motion for summary judgment challenges
the Court’s jurisdiction, the Court will construe it as a motion to dismiss. See Stanley v. Central
Intelligence Agency, 639 F.2d 1146, 1157 (5th Cir. Unit B Mar. 1981) (“Since the granting of summary

longer proper parties to this action and indicate that they support dismissal of Defendants. (Pls.’
Mem., Dkt. 16). Since the Defendants’ motions are thus unopposed, and the Court agrees that there
is no present case or controversy between Plaintiffs and Defendants, the Court will GRANT
Defendants’ motions. (Dkts. 11, 12).
IT IS THEREFORE ORDERED that Defendants Nationwide Equities Corporation and
Mortgage Electronic Registration Systems, Inc. are hereby DISMISSED from this action.
SIGNED on May 11, 2017.

_____________________________________
ROBERT PITMAN
UNITED STATES DISTRICT JUDGE

judgment is a disposition on the merits of the case, a motion for summary judgment is not the
appropriate procedure for raising the defense of lack of subject matter jurisdiction.”).
2