DASH v. FIRSTPLUS HOME LOAN TRUST 1996-2

No. 1:01CV00923.

248 F.Supp.2d 489 (2003)

Walter DASH, and wife Rosa Dash, Plaintiffs, v. FIRSTPLUS HOME LOAN TRUST 1996-2, Firstplus Home Loan Owner Trust 1996-3, Firstplus Home Loan Owner Trust 1996-4, Firstplus Home Loan Owner Trust 1997-1, Firstplus Home Loan Owner Trust 1997-2, Firstplus Home Loan Owner Trust 1997-3, Firstplus Home Loan Owner Trust 1997-4, Firstplus Home Loan Owner Trust 1998-1, Firstplus Home Loan Owner Trust 1998-2, Firstplus Home Loan Owner Trust 1998-3, Firstplus Home Loan Owner Trust 1998-4, Firstplus Home Loan Owner Trust 1998-5, German American Capital Corporation, UBS Warburg Real Estate Securities Inc., f/k/a Paine Webber Real Estate Securities, Inc., Ace Securities Corporate Home Loan Trust 1999 A, Sovereign Bank, Real Time Resolutions, Inc., U.S. Bank National Association, and U.S. Bank National Association, N.D., Defendants.

United States District Court, M.D. North Carolina.

March 6, 2003.


Attorney(s) appearing for the Case

A. Hoyt Rowell, III, Daniel Myers, Kevin Oufnac, Fred Thompson, Ness, Motley, Loadholt, Richardson & Poole, Mt. Pleasant, SC, Gary K. Shipman, Jennifer J. Slusser, William Grainger Wright, Sr., Shipman & Hodges, LLP, Wilmington, NC, Eric G. Calhoun, Lawson & Fields, PC, Dallas, TX, for Plaintiffs.

Hada V. Haulsee, Ronald R. Davis, Womble, Carlyle, Sandridge & Rice, Winston-Salem, NC, Jason Everett Moss, Wyatt, Early, Harris & Wheeler, LLP, High Point, NC, for Defendants.

Todd L. McLawhorn, David Stagman, Sheldon T. Zenner, Katten, Muchin, Zavis, Chicago, IL, Robert R. Marcus, Smith Moore, LLP, Greensboro, NC, for UBS Warburg Real Estate Securities Inc.

Larry B. Sitton, Smith, Helms, Mullis & Moore, Greensboro, NC, Roy W. Arnold, Mary J. Hackett, Thomas L. Allen, Reed Smith, LLP, Pittsburgh, PA, for Sovereign Bank.


MEMORANDUM OPINION

BEATY, District Judge.

This matter is before the Court on a Motion to Remand by Plaintiffs Walter and Rosa Dash ("Dash") [Document # 8], and Motions to Dismiss by Defendant Sovereign Bank ("Sovereign") [Document # 17], Defendant UBS Warburg Real Estate Securities, Inc., ("UBS Warburg") [Document # 19], and Defendants First-Plus Home Loan Trust 1996-2, FirstPlus Home Loan Owner Trust...

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