2010 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

10-20-2010

In re: Comm Bank N VA

Precedential or Non-Precedential: Precedential

Docket No. 08-3621

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Recommended Citation

"In re: Comm Bank N VA " (2010). 2010 Decisions. Paper 334.

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PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

 

Nos. 08-3621, 08-3790, 08-3791 & 08-3857

 

IN RE: COMMUNITY BANK OF NORTHERN VIRGINIA AND GUARANTY

NATIONAL BANK OF TALLAHASSEE SECOND MORTGAGE LOAN

LITIGATION (MDL 1674)

Objecting Class Members,

Appellants (08-3621)

(Pursuant to Fed. R. App. P. 12(a))

Alabama and Georgia Objecting Class Members,

Appellants (08-3790)

(Pursuant to Fed. R. App. P. 12(a))

Richard H. Heady, Jr., Robert Rowley, Arline Rowley,

Galen Hurt, Darrell Turner, Michael Rich, Edna Rich,

Patrick Franklin, Michael Graham, Tracy Graham, Eric

Lewis, Barbara Lewis, David Davidson, Michael

Moore, Karla Moore, Anthony Dixon and Kathy

Dixon.

Appellants (08-3791)

(Pursuant to Fed. R. App. P. 12(a))

Troy Elliott, Lorraine Oswald and Ruth D. 

Mathis-Wisseh,

Appellants (08-3857)

(Pursuant to Fed. R. App. P. 12(a))

 

No. 09-2001

 

JOHN DRENNEN; ROWENA DRENNEN; DAVID GARNER; DIANE GARNER;

SHAWN STARKEY; LORENE STARKEY,
 Judge Scirica completed his term as Chief Judge on May 4, 2010. *

 The Honorable John E. Jones, III, United States District Judge for the Middle District **

of Pennsylvania, sitting by designation.

2

Appellants

v.

PNC BANK NATIONAL ASSOCIATION; GMAC-RESIDENTIAL FUNDING

CORPORATION, a Minnesota Corporation; 

HOMECOMINGS FINANCIAL NETWORK INC., a Delaware Corporation

 

Appeal from the United States District Court

for the Western District of Pennsylvania

(D.C. Civil Action Nos. 2-03-cv-00425/01201/00688/2-05-cv-01386)

District Judge: Honorable Gary L. Lancaster

 

Argued April 20, 2010

Before: SCIRICA , Chief Judge, AMBRO, Circuit Judge and JONES , District Judge * **

(Opinion filed September 22, 2010)

ORDER AMENDING PRECEDENTIAL OPINION

AMBRO, Circuit Judge

IT IS NOW ORDERED that the published Opinion in the above case filed September

22, 2010, be amended as follows:

On page 9, line 5, insert the following sentence after the period following

“settlement”: “(This shorthand, however, does not include the objecting class members

from North Carolina, whose arguments we address separately in Part III.A.5 below.)”

On page 16, second full paragraph, line 3, insert a semicolon after the word

“action”and before the superscript footnote 6.
3

On page 54, replace the first word (“reduces”), with “comes”, so that the phrase

reads: “comes to the conclusion”.

On page 83, last line, insert the following phrase within the parentheses, and after

the name “Wisseh”: “, collectively referred to as the “North Carolina Objectors”.

On page 86, footnote 30, line six, insert the words “before us” after the phrase “in

the current appeal”.

On page 95, last line, insert a new footnote 34 at the end of the sentence (after

“decisions.”) that reads: “The North Carolina Objectors, discussed supra in Part III.A.5,

did not join in the motion for reassignment.” 

All subsequent footnotes will be renumbered sequentially, so that on page 97,

footnote 34 becomes 35; on page 98 footnote 35 becomes 36, and on page 99 footnote 36

becomes 37.

On page 100, within the conclusionary paragraph, line 8, insert the following

phrase after the semicolon: “(2) whether a subclass of class members from North Carolina

should be created;” and change the subsequent “(2)” to “(3)”.

By the Court,

/s/ Thomas L. Ambro, Circuit Judge

Dated: October 20, 2010