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ROLLINS v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.

No. 12-16261.

737 F.3d 1250 (2013)

Dustin ROLLINS, on behalf of himself and all other similarly situated persons, Plaintiff-Appellant, v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; MERSCORP, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 12, 2013.

Attorney(s) appearing for the Case

John R. Ates (argued), Ates Law Firm, P.C., Alexandria, VA; David C. Ates , David Ates, P.C., Atlanta, GA, for Plaintiffs-Appellants.

Robert M. Brochin , Morgan, Lewis & Bockius LLP, Miami, FL, for Defendants-Appellees.

Before: A. WALLACE TASHIMA, WILLIAM A. FLETCHER, and JACQUELINE H. NGUYEN, Circuit Judges.

ORDER

This appeal comes to us in an unusual procedural posture and presents a nuanced issue of appellate jurisdiction. The United States Judicial Panel on Multidistrict Litigation ("JPML") issued an order that split the claims presented in this and numerous other cases — some claims were transferred to the MDL court, while others were remanded to the transferor courts. As a result of the JPML order, the MDL court, when confronted with a motion to dismiss...

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