Eleanor Schiano v. HomEq Servicing, No. 19-2956 (3d Cir. 2020)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on October 28, 2020.
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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 19-2956 _____________ ELEANOR and RALPH SCHIANO, as wife and husband, and individually, Appellants v. HOMEQ SERVICING CORPORATION AND HOMEQ SERVICING; WELLS FARGO BANK, N.A.; WELLS FARGO BANK, N.A., Trustee, Park Place Securities, Inc., 2004 WHQ2; OCWEN LOAN SERVICING, L.L.C., individually and as successor to HomEq Servicing Corporation a/k/a HomEq Servicing (a/k/a Barclays Capital Real Estate, Inc., d/b/a HomEq Servicing Corporation and HomEq Servicing) _______________ On Appeal from the United States District Court for the District of New Jersey (D.C. Civil No. 2-05-cv-01771) District Judge: Honorable Brian R. Martinotti _______________ PETITION FOR REHEARING _______________ BEFORE: SMITH, Chief Judge, and MCKEE, AMBRO, CHAGARES, JORDAN, SHWARTZ, KRAUSE, RESTREPO, BIBAS, PORTER, MATEY, PHIPPS, and *ROTH, Circuit Judges _____________ * Judge Roth’s Vote is limited to Panel Rehearing Only. The petition for rehearing filed by Appellants Eleanor and Ralph Schiano in the above-captioned matter has been submitted to the judges who participated in the decision of this Court and to all other available circuit judges of the Court in regular active service. A majority of the circuit judges of the Court in regular active service who are not disqualified did not vote for rehearing by the Court en banc. It is now hereby ORDERED that the petition for rehearing en banc is DENIED. The judges who participated in the decision of the Court having voted for rehearing, the petition for panel rehearing is GRANTED. The opinion and judgment entered on October 28, 2020, are hereby vacated. An amended opinion and judgment will be filed contemporaneously with this order. BY THE COURT, s/ Paul B. Matey Circuit Judge DATED: November 20, 2020 2
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