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U.S. Bank National Association v. Londrigan, Potter & Randle, P.C.

United States District Court, C.D. Illinois, Springfield Division

October 25, 2016

U.S. BANK NATIONAL ASSOCIATION, as Trustee, successor-in-interest to Bank of America, N.A., as Trustee, successor-in-interest to Wells Fargo, N.A., as Trustee, for the Registered Holders of Credit Suisse First Boston Mortgage Securities Corp., Commercial Mortgage Pass-Through Certificates, Series 2007-C4, and U.S. BANK NATIONAL ASSOCIATION, as Trustee for the Registered Holders of the Mezz cap Commercial Mortgage Trust 2007-C5, Commercial Mortgage Pass-Through Certificates, Series 2007-C5, Plaintiffs,
v.
LONDRIGAN, POTTER & RANDLE, P.C., an Illinois corporation; PERKINS COIE, a Washington limited liability partnership; SCOTT & SCOTT, P.C., and Illinois corporation; and SGRO, HANRAHAN, DURR & RABIN, LLP, an Illinois limited liability partnership; and SPRINGFIELD PRAIRIE PROPERTIES, LLC, an Illinois limited liability company; ROBERT W. EGIZII, an individual; THOMAS EGIZII, an individual; MICHAEL EGIZII, an individual; RODNEY EGIZII, an individual; JODI BAPTIST, an individual; JOHN PRUITT, an individual; CLYDE BEIMFOHR, an individual; EEI HOLDING CORPORATION, an Illinois corporation; and EGIZII PROPERTY MANAGERS, LLC, an Illinois limited liability company, Defendants.

          OPINION

          Richard Mills United States District Judge.

         This is a consolidated action.

         In an Opinion and Order entered on August 15, 2016, the Court Allowed the Motion to Dismiss the four Law Firms named as Defendants and the Law Firms were terminated as Parties.

         The Court Allowed in part and Denied in part the Motions to Dismiss the claims asserted against the Borrower, its Members and Related Entities.

         Now, the Plaintiffs seek to appeal the dismissal of the claims asserted against the Law Firm Defendants while the claims against the other Defendants are proceeding in this Court.

         Pending before the Court is the Plaintiffs' Motion for Certification pursuant to Federal Rule of Civil Procedure 54(b).

         It is denied.

         I.

         The Plaintiffs in both cases are real estate mortgage investment conduits. In the Complaints, the Plaintiffs allege the Trustees possess customary powers to hold, manage and dispose of assets for the benefit of the A Note Holder's beneficiaries.

         The Defendants in the first (now-dismissed) case, Number 3:15-cv-03195, include the following law firms: Londrigan, Potter & Randle, P.C; Perkins Coie; Scott & Scott, P.C. and Sgro, Hanrahan, Durr & Rabin (collectively, “Defendants” or “Law Firms”).

         The Plaintiffs also filed a Verified Complaint against the Borrower and its individual Members/Partners, Indemnitor/Guarantor and other entities. See U.S. Bank National Association, et al., v. Springfield Prairie Properties, LLC; Robert W. Egizii; Thomas Egizii; Michael Egizii; Rodney Egizii; Jodi Baptist; John Pruitt; Clyde Beimfohr; EEI Holding Corporation; and Egizii Property Managers, LLC, Case Number 3:15-cv-03199 (“Borrower Complaint”).[1] Following the Court's ruling on the Motions to Dismiss, this portion of the consolidated case is all that remains.

         II.

         The Plaintiffs seek certification, pursuant to Rule 54(b), that there is no just reason to delay the enforcement of this Court's Order granting the Law Firm Defendants' Motion to Dismiss. Rule 54(b) provides in part:

When an action presents more than one claim for relief-whether as a claim, counterclaim, crossclaim, or third-party claim-or when multiple parties are involved, the court may direct entry of a final judgment as to one or more, but fewer than all, claims or parties only if the court expressly determines that there is no just reason for delay. Otherwise, any order or other decision, however designated, that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties does not end the action as to any of the claims or ...

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