Habon v. Mortgage Electronic Registration Systems, Inc.

MEMORANDUM

Plaintiffs, homeowners whose home loans have fallen into default, appeal the district court’s order dismissing their complaint under Federal Rule of Civil Procedure 12(b)(6). We affirm.

1.Plaintiffs challenge the order of the Judicial Panel on Multidistrict Litigation (the “JPML”) transferring this case to the U.S. District Court for the District of Arizona (the “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); see Robinson v. Am. Home Mortg. Servicing, Inc. (In re Mortg. Elec. Registration Sys., Inc.), 754 F.3d 772 (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). Even if the argument were not waived, Plaintiffs have not shown that the district court abused its discretion in its interpretation of the transfer order, see In re Phenylpropanolamine (PPA) Prods. Liab. Litig., 460 F.3d 1217, 1231 (9th Cir.2006), or that their substantial rights were affected by the order, see 28 U.S.C.…