Eleanor Schiano v. HomEq Servicing

U.S. Court of Appeals for the Third Circuit

Eleanor Schiano v. HomEq Servicing

Opinion

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________

No. 19-2956 _____________

ELEANOR and RALPH SCHIANO, as wife and husband, and individually, Appellants

v.

HOMEQ SERVICING CORPORATION AND HOMEQ SERVICING; WELLS FARGO BANK, N.A.; WELLS FARGO BANK, N.A., Trustee, Park Place Securities, Inc., 2004 WHQ2; OCWEN LOAN SERVICING, L.L.C., individually and as successor to HomEq Servicing Corporation a/k/a HomEq Servicing (a/k/a Barclays Capital Real Estate, Inc., d/b/a HomEq Servicing Corporation and HomEq Servicing) _______________

On Appeal from the United States District Court for the District of New Jersey (D.C. Civil No. 2-05-cv-01771) District Judge: Honorable Brian R. Martinotti _______________

PETITION FOR REHEARING _______________

BEFORE: SMITH, Chief Judge, and MCKEE, AMBRO, CHAGARES, JORDAN, SHWARTZ, KRAUSE, RESTREPO, BIBAS, PORTER, MATEY, PHIPPS, and *ROTH, Circuit Judges

_____________ * Judge Roth’s Vote is limited to Panel Rehearing Only. The petition for rehearing filed by Appellants Eleanor and Ralph Schiano in the

above-captioned matter has been submitted to the judges who participated in the decision

of this Court and to all other available circuit judges of the Court in regular active service.

A majority of the circuit judges of the Court in regular active service who are not

disqualified did not vote for rehearing by the Court en banc. It is now hereby ORDERED

that the petition for rehearing en banc is DENIED.

The judges who participated in the decision of the Court having voted for rehearing,

the petition for panel rehearing is GRANTED. The opinion and judgment entered on

October 28, 2020, are hereby vacated. An amended opinion and judgment will be filed

contemporaneously with this order.

BY THE COURT,

s/ Paul B. Matey Circuit Judge

DATED: November 20, 2020

2

Reference

Status
Unpublished