Patterson et al v. Citimortgage, Inc. et al, No. 1:2011cv00339 - Document 53 (N.D. Ga. 2013)
Court Description: OPINION AND ORDER that this case be reopened. Defendants shall have thirty (30) days within which to renew their summary judgment motion as to the wrongful foreclosure claim and the related claim for emotional distress damages. Plaintiffs shall then have twenty-one (21) days to file a responsive pleading. Defendants are permitted to file a reply not later than fourteen (14) days after service of the responsive pleading. Signed by Judge Clarence Cooper on 8/1/2013. (tcc)
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION VICTOR W. PATTERSON, TOBY G. BREEDLOVE, and JEANNINE B. RULIS (f/k/a CHARLOTTE JEANNINE BREEDLOVE), Plaintiffs, vs. CITIMORTGAGE, INC., and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Defendants. : : : : : : : : : : : : : : CIVIL ACTION NO. 1:11-CV-0339-CC OPINION AND ORDER This case is before the Court on its Opinion and Order of September 26, 2012 [Doc. No. 52], in which the Court granted in part and denied without prejudice in part Defendant CitiMortgage, Inc. and Mortgage Electronic Registration Systems, Inc. s Motion for Summary Judgment [Doc. No. 35] and ordered that the case be administratively closed pending the Supreme Court of Georgia s resolution of certain questions certified in Chae Yi You v. JPMorgan Chase Bank, N.A., 1:12-CV202-JEC-AJB. On May 20, 2013, the Supreme Court of Georgia answered the questions certified. Accordingly, the Court ORDERS that this case be reopened. Defendants shall have thirty (30) days within which to renew their summary judgment motion as to the wrongful foreclosure claim and the related claim for emotional distress damages. Plaintiffs shall then have twenty-one (21) days to file a responsive pleading. Defendants are permitted to file a reply not later than fourteen (14) days after service of the responsive pleading. (SIGNATURE ON FOLLOWING PAGE) SO ORDERED this 1st day of August, 2013. s/ CLARENCE COOPER CLARENCE COOPER SENIOR UNITED STATES DISTRICT JUDGE -2-
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