Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lacey v. Ocwen Loan Servicing, LLC

United States District Court, District of Kansas

January 8, 2015

ROCKY L. LACEY, Plaintiff,
v.
OCWEN LOAN SERVICING, LLC, et al., Defendants.

MEMORANDUM AND ORDER

KAREN M. HUMPHREYS, United States Magistrate Judge

This matter is before the court on plaintiff’s “Motion under Rule 19 of the Federal Rules of Civil Procedure to Add Virginia Lacey as Plaintiff to Plaintiff’s Claim” (Doc. 60). For the reasons set forth below, the motion shall be DENIED.

Background[1]

Plaintiff resides at the residence in Udall, Kansas which forms the genesis of this lawsuit. Eleven years after purchasing the property in 1992, plaintiff refinanced it in 2003 by executing a note in favor of RBMG, Inc. which was secured by a mortgage on the residence. The note and mortgage were later assigned to The Bank of New York Mellon Trust Company and serviced by Ocwen Loan Servicing, LLC (Ocwen) and GMAC Mortgage, LLC (GMAC). Appearing pro se, plaintiff claims that the Bank of New York, Ocwen, and GMAC violated several statutes and committed torts while Ocwen and GMAC serviced the mortgage.

Judge Melgren reviewed the facts of the case in detail in the Memorandum and Order filed June 25, 2014 (Doc. 39) and those facts will not be repeated here. In summary, plaintiff’s amended complaint included six claims against Ocwen and GMAC: (1) violation of the Fair Debt Collection Practices Act (FDCPA), (2) violation of the Real Estate Settlement Procedures Act (RESPA), (3) breach of contract, (4) negligence, (5) intentional infliction of emotional distress, and (6) conspiracy to commit fraud. Plaintiff also included the Bank of New York in the breach of contract and negligence claims. After consideration of defendants’ motion to dismiss, Judge Melgren dismissed plaintiff’s FDCPA, negligence, and conspiracy to commit fraud claims, but allowed the RESPA, breach of contract, and intentional infliction of emotional distress claims to proceed.

A Scheduling Order was entered on July 30, 2014, which ordered a deadline of September 4, 2014 for filing any motion for leave to join additional parties or to otherwise amend the pleadings. (Doc. 44.) A pretrial conference is scheduled for January 9, 2015.

Plaintiff’s Rule 19 Motion to Add Virginia Lacey as Plaintiff (Doc. 60)

Plaintiff filed his motion requesting that his wife, Virginia Lacey, be added as a plaintiff pursuant to Fed.R.Civ.P. 19 on December 15, 2014. Specifically, he argues that because she is his legal spouse, a resident of the property, and a party to the mortgage, she is a required party to the action. In support, plaintiff simply cites the following portion of Rule 19:

(a) Persons Required to be Joined if Feasible.
(1) Required Party. A person who is subject to service of process and whose joinder will not deprive the court of subject-matter jurisdiction must be joined as a party if: . . .
(B) that person claims an interest relating to the subject of the action and is so situated that disposing of the action in the person's absence may:
(i) as a practical matter impair or impede the person's ability to protect the interest; or
(ii) leave an existing party subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations because of the interest.

Fed. R. Civ. P. 19(a)(1)(B)(i) and (ii). Plaintiff does not elaborate further and provides no other facts or authority to support his position, and neither did he file ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.