Read 08162011_1-11MC0088M_IN_RE_MORTGAGE_FORECLOSURE_CASES_U.pdf text version

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND

In re: Mortgage Foreclosure Cases

) ) ) )

Misc. No. 11-mc-88-M-LDA

ORDER

1.

At the request of the Chief Judge, all mortgage foreclosure cases currently venued

in the United States District Court for the District of Rhode Island are assigned to Judge John J. McConnell, Jr. and to Magistrate Judge Lincoln D. Almond and all mortgage foreclosure cases filed here in the future will be assigned to Judge John J. McConnell, Jr. and to Magistrate Judge Lincoln D. Almond. 2. A list of pending mortgage foreclosure cases currently subject to this Order is

attached hereto as Exhibit A. 3. All mortgage foreclosure cases (currently filed and to be filed in the future) are

subject to this Order. 4. All mortgage foreclosure cases are hereby STAYED and shall remain so until

further order of the Court. Any deadlines for filings on any issue are hereby suspended. Counsel are permitted to file Notices of Appearance. 5. The Court will establish a Master Docket (11-mc-88-M-LDA) captioned In re:

Mortgage Foreclosure Cases strictly for the purpose of case management by the Court. Counsel shall continue filing all papers in their individual cases only; counsel shall not file anything in the Master Docket unless instructed to by the Court.

6.

For efficient communication with the Court and administration of these cases,

counsel shall meet and confer and select liaison counsel (see Manual for Complex Litigation (Fourth) §10.22 (2004)), two for all plaintiffs and two for all defendants. The parties shall notify the Court on or before September 2, 2011 of their selections. 7. The Court will require all parties in all mortgage foreclosure cases to engage in

directed and serious settlement discussions prior to the lifting of the stay in any individual case. 8. The Court is considering the appointment of a Master pursuant to Fed. R. Civ. P.

53 in order to assist with pre-trial matters and facilitate settlement in the individual cases. Any party wishing to be heard on this matter, including on the suggestion of candidates for appointment as Master, shall file such comments on or before September 2, 2011. 9. The Court will hear argument on the standing issue in Plaintiffs' Objections to the

Reports and Recommendations in Fryzel v. Mortgage Electronic Registration Systems, Inc., et

al. (C.A. No. 10-352-M) and Cosajay v. Mortgage Electronic Registration Systems, Inc., eta/.

(C.A. No. 10-442-M) on September 13, 2011 at 10:00 a.m. in Courtroom 3. Any party subject to this Order that is not a party to the aforementioned two individual cases wishing to file an amicus brief on the standing issue shall do so by September 2, 2011. Only counsel in the

aforementioned two individual cases will be allowed to present oral argument.

John J. McConnell, Jr. United States District Judge August 16, 2011

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EXHIBIT "A" MORTGAGE FORECLOSURE CASES 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 10-024 10-068 10-160 10-215 10-268 10-352 10-442 10-481 11-004 11-007 11-022 11-028 11-046 11-097 11-123 11-124 11-170 11-189 11-219 11-232 11-237 11-241 11-256 11-257 11-262 11-272 11-278 11-283 11-284 11-285 11-286 11-288 11-289 11-290 11-291 11-295 11-296 Tracy v. Deutche Bank Medeiros v. Option One McLaughlin v. American Home Rezendez v. Option One Pool v. MERS Fryzel v. MERS Cosajay v. MERS Aceto v. American Brokers Moll v. MERS Cerbo v. Argent Mtg. Tavares v. MERS Archibald v. MERS Aceto v. MERS DelDeo v. Option One Boudreau v. Option One Rodriguez v. MERS Schofield v. US Bank Lehoullier v. E. Loan Wu v. Wells Fargo Curi v. Ameriquest Mortgage DiGiorgio v. MERS Neves v. Ameriquest Tavares v. MERS Grena v. MERS Collupy v. MERS Kaskel v. MERS DiNezza v. MERS Hillier v. MERS Rivera v. Option One Fasulo v. MERS Pries v. MERS Averv. MERS Barboza v. MERS MacKay v. MERS Dolan v. MERS Azevedo v. America's Wholesale Lenders Menta v. MERS

38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63.

11-300 11-305 11-306 11-307 11-309 11-311 11-312 11-316 11-317 11-318 11-319 11-320 11-321 11-324 11-330 11-332 11-333 11-334 11-338 11-346 11-347 11-353 11-358 11-363 11-366 11-369

Pagliaro v. MERS Sullivan v. MERS Forrest v. Wells Fargo Dumouchelle v. Equity Concepts Robles v. MERS Williams v. MERS Boisseau v. National City Bank Jacques v. New Century Mortgage Kinder v. MERS Vargas v. MERS Currier v. MERS Nowling v. MERS Lanning v. MERS Gallagher v. MERS In v. MERS Picard v. MERS Ciccone v. Aurora Loan Services D Knight Real Estate v. MERS Berrillo v. MERS Lopez v. MERS Benjamin v. MERS Santana v. HSBC Bank Guerra v. MERS Mandarelli v. MERS Femminella v. WAMU Newberry v. MERS

2

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