At last, after nine years of the ignored MERS argument – the Dam is Crumbling!

dam crumblingFinally, the lower federal district court dam protecting MERS and securitized trusts is in the process of crumbling in the Ninth Circuit Multi-district litigation in Arizona.

See In re Mortgage Electronic Registration Systems (MERS) Litigation is published on Leagle.com. Thank you Frederick J Arensmeyer, & Gary Victor Dubin of the Dubin Law Officeswho were some of the attorneys that tenaciously pursued these issues! It appears the Judges in the Ninth Circuit are refusing to be taken for granted:

“Here, as discussed above, Aurora fails to explain how this Court granting judgment on the pleadings under the exact same legal standard as the 12(b)(6) standard on which this Court has already been reversed would not violate the Rule of Mandate. This Court has reviewed the Opinion of the Court of Appeals and finds that it bars this Court from reconsidering dismissal under 12(b)(6) by way of a 12(c) motion. Accordingly,

IT IS ORDERED that Aurora’s motion for judgment on the pleadings (Doc. 1833; CV 10-1547, Doc. 22) is denied.

IT IS FURTHER ORDERED that Plaintiff’s request for oral argument is denied because the parties have been given multiple opportunities to address the issue of concern to the Court and have repeatedly failed to do so. Thus, the Court finds that oral argument would not aid the Court’s decisional process on this topic because the parties will not address it. See e.g., Partridge v. Reich, 141 F.3d 920, 926 (9th Cir. 1998); Lake at Las Vegas Investors Group, Inc. v. Pacific. Dev. Malibu Corp., 933 F.2d 724, 729 (9th Cir. 1991).

IT IS FINALLY ORDERED that the Clerk of the Court shall file a copy of this Order in both cases listed above.”  JAMES A. TEILBORG, Senior District Judge.

teilborgHonorable James A. Teilborg is a Senior United States District Judge of the United States District Court for the District of Arizona.

Born in Pueblo, Colorado, Teilborg received a Juris Doctor from the University of Arizona College of Law in 1966.

Thank you Judge Teilborg. You may not realize it yet, but this order may begin to heal and restore the faith in the judicial system for millions of Americans.

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