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Thomas J. Riddle, Individually and On Behalf of All Other Similarly Situated v. Bank of America Corporation

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


April 11, 2013

THOMAS J. RIDDLE, INDIVIDUALLY AND ON BEHALF OF ALL OTHER SIMILARLY SITUATED, PLAINTIFFS,
v.
BANK OF AMERICA CORPORATION, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Berle M. Schiller, J.

ORDER

AND NOW, this 11thday of April, 2013, upon consideration of the Motion to Dismiss of Defendant United Guaranty Residential Insurance Company, Defendants Radian Guaranty, Inc. and Genworth Mortgage Insurance Corporation's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6), the Motion of Defendants, Bank of America Corporation, Bank of America, N.A., and Bank of America Reinsurance Corporation to Dismiss the Action Pursuant to Federal Rule of Civil Procedure 12(b)(6), Plaintiffs' Consolidated Response thereto, Defendants' replies thereon, and for the reasons provided in this Court's Memorandum dated April 11, 2013, it is hereby ORDERED that:

1. United's motion (Document No. 78) is GRANTED as uncontested in part and DENIED in part. The motion is GRANTED as uncontested as to all claims brought by Plaintiffs Riddle and Stanton. It is DENIED in all other respects.

2. Radian and Genworth's motion (Document No. 79) is DENIED.

3. The Bank of America Defendants' motion (Document No. 83) is DENIED.

4. The Parties shall conduct discovery limited to the statute of limitations and equitable tolling issues. This limited discovery shall be completed by Friday, June 14, 2013. Defendants may then file motions, each motion not to exceed twenty pages, on or before Friday, July 12, 2013. If Defendants file motions, Plaintiffs shall file a consolidated response, not to exceed forty pages, on or before Friday, August 9, 2013. No replies are permitted.

BY THE COURT:

20130411

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