Skip to main content
Start of main content

12-183 - Higgins et al v. BAC Home Loans Servicing, LP et al

Go to current document

October 29, 2012

MEMORANDUM OPINION & ORDER: Dfts' 7 JOINT MOTION to Stay is GRANTED; All proceedings are STAYED pending final resolution of Christian County Clerk v. Mortgage Electronic Registration Systems, Inc. (6CCA No. 12-5237); Dfts shall file a status report w/i 7 days of resolution of the case. Signed by Judge Karen K. Caldwell on 10/29/2012. (KLB) cc: COR

March 31, 2014

OPINION AND ORDER: 1) The 51 MOTION to Dismiss for failure to state a claim by U.S. Bank, N.A. is DENIED; and 2) W/in 14 days, Plas SHALL FILE an amended complaint which either 1. contains further particularized allegations of fact supporting Baker's standing to sue U.S. Bank in its individual capacity; or 2. dismisses U.S. Bank and names the appropriate Dft for Baker's claims. If Pla fails to comply with this Order, Baker's claims will either be dismissed or remanded. Signed by Judge Karen K. Caldwell on 03/31/2014. (KLB) cc: COR

March 31, 2014

OPINION AND ORDER: 1) The 52 MOTION to Dismiss for failure to state a claim by Dfts Federal Housing Finance Agency and Federal National Mortgage Association is DENIED. 2) W/in 14 days of the entry date of this order, Plas SHALL FILE an amended complaint making clear whether they seek actual damages. If Plas seek actual damages, they shall make further particularized allegations re the manner by which they were actually damaged by the acts committed by Dfts; and 3) Plas 49 MOTION to Certify Class is DENIED as moot. Plas may reassert the motion after filing an amended complaint in compliance with this Court's Orders. Signed by Judge Karen K. Caldwell on 03/31/2014. (KLB) cc: COR

March 31, 2014

OPINION AND ORDER: The 53 MOTION to Dismiss for failure to state a claim by BAC Home Loans Servicing, LP, Bank of America, NA, JPMorgan Chase Bank, N.A. and Wells Fargo Bank, N.A. is GRANTED in part and DENIED in part. The motion is GRANTED as to Plas' claim for injunctive relief and that the claim is DISMISSED. The motion is otherwise DENIED. Signed by Judge Karen K. Caldwell on 03/31/2014. (KLB) cc: COR

April 21, 2014

ORDER: 1) Dft's 81 Motion to Stay pending the Court's resolution of the motions for interlocutory appeal is GRANTED; and 2) This matter is STAYED until resolution of the motions for interlocutory appeal. Signed by Judge Karen K. Caldwell on 04/21/2014. (KLB) cc: COR

July 3, 2014

OPINION AND ORDER: the Court ORDERS that: 1) 80 MOTION by all dfts for interlocutory appeal of the Court's 75 opinion and order dated 3/31/2014 is GRANTED; 2) 83 MOTION by Fannie Mae & FHFA for interlocutory appeal of the Court's 74 opinion and order dated 3/31/2014 is GRANTED; 3) the opinions at docket numbers 74 and 75 are AMENDED to state that they involve a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the orders may materially advance the ultimate termination of this litigation; & 4) this action is STAYED pending the Court of Appeals' resolution of the interlocutory appeal. Signed by Judge Karen K. Caldwell on July 3, 2014. (MWZ)cc: COR,6CCA

June 7, 2016

OPINION AND ORDER: The Court ORDERS that the 98 motion to alter, amend, vacate, or set aside the Court's order dated 9/30/2015 or to amend their complaint is DENIED. Signed by Judge Karen K. Caldwell on 6/7/2016. (SCD)cc: COR