Joseph Green v. Countrywide Home Loans, Inc.

MEMORANDUM

Plaintiffs, homeowners whose home loans have fallen into default, appeal the district court’s order dismissing their Second Amended Complaint (“SAC”) without leave to amend under Federal Rule of Civil Procedure 12(b)(6). We affirm.

Plaintiffs challenge the order of the Judicial Panel on Multidistrict Litigation (“JPML”) transferring this case to the U.S. District Court for the District of Arizona (“MDL Court”) and the MDL Court’s order interpreting the JPML’s order. We lack jurisdiction to review the JPML’s order because Plaintiffs have not sought a writ of mandamus. 28 U.S.C. § 1407 (e); Robinson v. Am. Home Mortg. Servicing, Inc. (In re Mortg. Elec. Registration Sys., Inc.), No. 11-17615, 754 F.3d 772, 778 , 2014 WL 2611314, at *5 (9th Cir.2014). Plaintiffs waived their challenge to the MDL Court’s order by not “specifically and distinctly” arguing it in their opening brief. Kim v. Kang, 154 F.3d 996 , 1000 (9th Cir.1998).

On remand from the MDL Court, Plaintiffs’ claims for fraud in the inducement fail because the SAC does not plead fraud with particularity. See Fed.R.Civ.P. 9(b). The SAC does not identify the agent or agents who made the alleged…