No. 20-1602

Cornelius S. Berry, et ux. v. Deutsche Bank National Trust Company, et al.

Lower Court: Sixth Circuit
Docketed: 2021-05-18
Status: Denied
Type: Paid
Response Waived
Tags: adjournment amend-complaint case-adjournment circuit-court-review civil-procedure complaint-amendment due-process judicial-discretion motion-to-dismiss procedural-dismissal standing
Key Terms:
JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether the United States Court of Appeals for the Sixth Circuit erred in affirming the United States District Court for the Southern District of Michigan opinion granting respondents' motion to dismiss when the case was adjourned numerous times in order for the parties to resolve the case or allow petitioners to answer the motion to dismiss or in the alternative allow the petitioners to amend the complaint?

Question Presented (OCR Extract)

QUESTIONS PRESENTED WHETHER THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ERRED IN AFFIRMING THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MICHIGAN OPINION GRANTING RESPONDENTS’ MOTION TO DISMISS WHEN THE CASE WAS ADJOURNED NUMEROUS TIMES IN ORDER FOR THE PARTIES TO RESOLVE THE CASE OR ALLOW PETITIONERS TO ANSWER THE MOTION TO DISMISS OR IN THE ALTERNATIVE ALLOW THE PETITIONERS TO AMEND THE COMPLAINT?

Docket Entries

2021-10-04
Petition DENIED.
2021-06-23
DISTRIBUTED for Conference of 9/27/2021.
2021-06-10
Waiver of right of respondent Deutsche Bank National Trust Co, as Trustee for GSAA Home Equity Trust 2006-17, Asset-Backed Certificate Seriees 2006-17; and PHI Mortgage Corporation, successor by merger to Ocwen Loan Servicing, LLC. to respond filed.
2021-05-13
Petition for a writ of certiorari filed. (Response due June 17, 2021)

Attorneys

Cornelius Berry, et al.
Darwyn Prentiss FairDarwyn P. Fair & Associates PC, Petitioner
Deutsche Bank National Trust Co, as Trustee for GSAA Home Equity Trust 2006-17, Asset-Backed Certificate Seriees 2006-17; and PHI Mortgage Corporation, successor by merger to Ocwen Loan Servicing, LLC.
Jill M WheatonDykema Gossett, PLLC, Respondent