In Re: RFC and RESCAP Liquidating Trust Litigation
- Susan Nelson
- 0:13-cv-03451
- U.S. District Court · District of Minnesota
- 3
In ResCap Liquidating Trust v. Primary Residential Mortgage, Inc., Judge Nelson granted consented summary judgment and dismissed ResCap’s breach-of-contract claim with prejudice.
ResCap Liquidating Trust’s breach-of-contract claim against Primary Residential Mortgage, Inc. was dismissed with prejudice after ResCap consented to summary judgment.
What happened
In ResCap Liquidating Trust v. Primary Residential Mortgage, Inc., ResCap previously sued Primary Residential Mortgage, Inc. over a breach-of-contract claim identified as Count One.
ResCap initially argued that dismissing the claim would be premature. After further proceedings, it sent the court a letter consenting to summary judgment on Count One. Primary Residential Mortgage had requested summary judgment on that claim.
Judge Susan Richard Nelson granted Primary Residential Mortgage’s motion for summary judgment on Count One and dismissed the breach-of-contract claim with prejudice.
The detailed version
- In Re: RFC and RESCAP Liquidating Trust Litigation · No. 0:13-cv-03451
- Susan Nelson
- Feb. 12, 2020
Background
ResCap Liquidating Trust sued Primary Residential Mortgage, Inc. The opinion concerns Count One of ResCap’s complaint, a breach-of-contract claim. Primary Residential Mortgage previously moved for summary judgment, which is a decision without a trial when the court determines that the applicable legal standard is met based on the record. The court had deferred ruling while ResCap considered whether it would consent to dismissal of the claim.
At a January 23, 2020 final pretrial conference, ResCap indicated that it was willing to withdraw the claim under terms similar to an earlier stipulation involving a different defendant. Primary Residential Mortgage did not agree to that proposed course and argued that ResCap’s failure to respond to the summary-judgment motion warranted dismissal with prejudice. The court then directed ResCap to respond in writing.
Ruling
On February 5, 2020, ResCap filed a letter consenting to entry of summary judgment on Count One. In light of that consent, Judge Susan Richard Nelson ordered that Primary Residential Mortgage’s motion for summary judgment as to Count One was granted, and that Count One was dismissed with prejudice. The order resolved ResCap’s breach-of-contract claim against Primary Residential Mortgage.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.