Thomason v. One West Bank, FSB, Indy Mac Bank, et al. (MAG+), No. 2:2012cv00604 - Document 78 (M.D. Ala. 2016)

Court Description: OPINION AND ORDER: Pending before the court are the 56 Motion to Dismiss filed by defendants OneWest Bank, FSB, Ocwen Loan Servicing, LLC, Deutsche Bank National Trust Company, as Trustee for Home Equity Mortgage Loan Asset-BackedTrust Series INAPS 2006-A, Home Equity Mortgage Loan Asset-Backed Certificates Series INABS 2006-A and Mortgage Electronic Registration Systems, Inc., and defendant Eva Bank's 66 Motion to Dismiss and/or Require a More Definite Statement. Also pending before t he court are plaintiff's motions for summary judgment, one contained within his response to the motion to dismiss (doc. no. 68 ) and one filed separately (doc. no. 69 ), as well as defendants motionto strike (doc. no. 71 ) plaintiffs second m otion for summary judgment.On 3/1/2016, the United States Magistrate Judge entered an order (doc. no. 76 ) explaining that, after careful review of the amended complaint (doc. no. 49 ), he determined that the plaintiff may benefit from participation in the Pro Se Assistance Program (PSAP). The undersigned agrees. Accordingly, it is ORDERED as follows: (1) The motions to dismiss the amended complaint (doc. nos. 56 and 66 ) are denied with leave to renew. (2) The motion to require a more defin ite statement (doc. no. 66 ) is granted. The magistrate judge is toset an appropriate deadline for producing said more definite statement, once the issue of counsel for plaintiff has been resolved. (3) The motions for summary judgment (doc. nos. [68 ]and 69 ) are denied as premature. (4) The motion to strike (doc. no. 71 ) the motions for summary judgment is denied as moot. This case is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 3/11/2016. (dmn, )