Lee v. Mortgage Electronic Registration Systems, Inc. (In Re Mortgage Electronic Registration Systems, Inc.)

MEMORANDUM

This case, originally filed in the District of Hawaii (the “transferor court”), was transferred in part by the Judicial Panel on Multidistrict Litigation to the District of Arizona (the “transferee court”) to be consolidated with multidistrict litigation already pending in that court entitled In re: Mortgage Electronic Registration System (MERS) Litigation, MDL No. 2119. Plaintiff Juanita Faye Pualani Lee appeals from the transferor and transferee courts’ judgments of dismissal. We affirm the transferor court’s judgment, and affirm in part and reverse in part the judgment of the transferee court.

1. In No. 12-16457, when Plaintiff filed her notice of appeal from the transferee court’s order of dismissal, a final judgment had not yet been entered. See Rollins v. Mortg. Elec. Registration Sys., Inc., 737 F.3d 1250 , 1251 n. 1 (9th Cir.2013) (treating as an unsettled question whether when “the MDL court enters judgment on the transferred claims, such a judgment is a ‘final decision’ under 28 U.S.C. § 1291 , even though the claims remanded to the transferor court remain pending”). But the subsequent entry of a final judgment by the transferor court, cured any problem…