Filed: Jul. 02, 2013
Latest Update: Jul. 02, 2013
Summary: ORDER NANCY J. KOPPE, Magistrate Judge. Before the Court is Defendants' Motion to Quash Summons for Improper Service Against Defendants Ocwen Loan Servicing, LLC, The Bank of New York Mellon, as Trustee and Mortgage Electronic Registration Systems, Inc., and Against Counsel, Docket No. 35, filed on June 17, 2013. On July 1, 2013, the Court dismissed every cause of action alleged against Defendants Ocwen Loan Servicing, LLC, The Bank of New York Mellon, and Mortgage Electronic Registration Sy
Summary: ORDER NANCY J. KOPPE, Magistrate Judge. Before the Court is Defendants' Motion to Quash Summons for Improper Service Against Defendants Ocwen Loan Servicing, LLC, The Bank of New York Mellon, as Trustee and Mortgage Electronic Registration Systems, Inc., and Against Counsel, Docket No. 35, filed on June 17, 2013. On July 1, 2013, the Court dismissed every cause of action alleged against Defendants Ocwen Loan Servicing, LLC, The Bank of New York Mellon, and Mortgage Electronic Registration Sys..
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ORDER
NANCY J. KOPPE, Magistrate Judge.
Before the Court is Defendants' Motion to Quash Summons for Improper Service Against Defendants Ocwen Loan Servicing, LLC, The Bank of New York Mellon, as Trustee and Mortgage Electronic Registration Systems, Inc., and Against Counsel, Docket No. 35, filed on June 17, 2013.
On July 1, 2013, the Court dismissed every cause of action alleged against Defendants Ocwen Loan Servicing, LLC, The Bank of New York Mellon, and Mortgage Electronic Registration Systems, Inc. Docket No. 36. Accordingly, the Motion to Quash, as it relates to these three Defendants, is moot.
The Defendants also seek to quash the service of the Summons and Complaint against counsel for the Defendants, Mr. Allison and Mr. Ivie. The Defendants' counsel are not named defendants in this action and therefore service of a summons and complaint against them is not proper. Accordingly, the Motion to Quash, as it relates to the Defendants' counsel, is granted.
CONCLUSION
Based on the foregoing, and good cause appearing therefore,
IT IS FURTHER ORDERED that the portion of the Defendants' Motion (#35) that seeks to Quash the Summons for Improper Service Against Defendants Ocwen Loan Servicing, LLC, The Bank of New York Mellon, as Trustee and Mortgage Electronic Registration Systems, Inc. is DENIED as moot.
IT IS FURTHER ORDERED that the portion of the Defendants' Motion (#35) that seeks to Quash the Summons for Improper Service Against Counsel is GRANTED.