MILLER v. PACIFIC SHORE FUNDING

No. CIV.S-02-569.

287 B.R. 47 (2002)

David MILLER, et al., Plaintiffs, v. PACIFIC SHORE FUNDING, et al., Defendants.

United States District Court, D. Maryland.

November 22, 2002.


Attorney(s) appearing for the Case

Fred Thompson, Daniel O. Myers, Kevin Oufnac, A. Hoyt Rowell, III, Ness Motley PA, Mt. Pleasant, SC, Joseph Christopher Garland, Law Offices of Joseph C. Garland, Towson, MD, Edwin David Hoskins, Law Offices of E. David Hoskins LLC, Baltimore, MD, for plaintiffs.

Leah Schmulewitz Getlan, Cynthia G. Swann, Weiner Brodsky Sidman Kider PC, Washington, DC, Philip M. Andrews, Kramon and Graham, Baltimore, MD, Gerard J. Gaeng, Rosenberg Proutt Funk and Greenberg LLP, Baltimore, MD, Lee Scott Kaminetz, Craig L. McCullough, Rosenberg Proutt Funk and Greenberg LLP, Baltimore, MD, James W. Bentz, Roy W. Arnold, Thomas L. Allen, John M. McIntyre, Reed Smith LLP, Pittsburgh, PA, Russell J. Pope, Pope and Hughes PA, Towson, MD, John Henry Lewin, Jr., Venable Baetjer and Howard LLP, Baltimore, MD, Denise Esposito, Thomas Julian Page, Daniel H. Squire, Wilmer Cutler and Pickering, Washington, DC, Daniel Joseph Tobin, Kirkpatrick and Lockhart LLP, Washington, DC, for defendants.


MEMORANDUM OPINION

SMALKIN, Chief Judge.

This matter comes before the Court on a motion for class certification under Federal Rule of Civil Procedure 23, filed by the plaintiffs, David and Rosalie Miller ("the Millers"). In their opposition to the motion, the defendants, Pacific Shore Funding ("Pacific") and GMAC-Residential Funding Corp. ("Residential"), tendered evidence suggesting that the Millers lack standing to bring or pursue this cause of...

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