United States District Court, N.D. Mississippi, Greenville Division
MEMORANDUM OPINION AND ORDER
M. Brown UNITED STATES DISTRICT JUDGE.
declaratory judgment action is before the Court on the motion
for judgment on the pleadings, Doc. #18, and the motion for
summary judgment, Doc. #23, filed by Bank of America, N.A.
State Court Proceedings
September 15, 2016, Clinton Simpson filed a “Complaint
for Declaratory and Injunctive Relief” in the Chancery
Court of Sunflower County, Mississippi, against Bank of
America, N.A. (“BANA”); Countrywide Home Loans
Servicing; and Emily Kaye Courteau. Doc. #2.
Clinton alleges that the defendants are engaging
in foreclosure proceedings against certain property owned by
him “in violation of the Defendant's own servicing
standards and administrative procedures for the processing of
loan modification requests pursuant to the [Home Affordable
Modification Program (HAMP)].” Id. at ¶
7. On these allegations, Clinton seeks:
[A] judgment declaring that the actions of the Defendants,
Countrywide and Bank of America did constitute a violation of
administrative servicing standards under the Home Affordable
[A] temporary restraining order and preliminary injunction
enjoining the Defendants from proceeding with the foreclosure
sale of the real property described herein …
[A] judgment awarding to Plaintiff compensatory and punitive
damages, attorney's fees, expenses and costs of court;
[An a]ward [of] such other and further relief as the Court
deems just and proper.
Id. at 3 (paragraph lettering omitted).
same day as he filed the complaint, Clinton filed a motion
seeking a temporary restraining “order enjoining the
Defendants from proceeding with a foreclosure sale
….” Doc. #1-1 at 13-14. Five days later, on
September 20, 2016, the state court granted Clinton's
motion. Id. at 20-21.
October 20, 2016, BANA, “with the consent and
approval” of Courteau, removed the state action to this
Court based on diversity jurisdiction. Doc. #1.
Federal Court Proceedings
removal, BANA and Courteau filed answers to Clinton's
state court complaint. Doc. #3; Doc. #5. On March 31, 2017,
following a period of discovery, BANA filed a motion for
judgment on the pleadings, Doc. #18, which Courteau joined on
May 9, 2017, Doc. #21. On July 21, 2017, BANA filed a motion
for summary judgment and an accompanying memorandum. Doc.
#23; Doc. #24. Five days later, Courteau filed a joinder
purporting to join in both the motion and the
memorandum. Doc. #25. Clinton has not responded to either
motion or the joinder.