RHODES v. WELLS FARGO BANK, NA

Filing 16

MEMORANDUM OPINION accompanying final order issued separately this day. Signed by Judge Colleen Kollar-Kotelly on 1/13/17.(ah)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Patrice Rhodes,
Plaintiff,
v.
Wells Fargo Bank, N.A.,
Defendant.

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Civil Action No. 16-0767-CKK

MEMORANDUM OPINION
Plaintiff filed this action to obtain her alleged portion of the settlement reached in United
States of America v. Wells Fargo Bank, No. 12-cv-01150 (JDB) (D.D.C. Sept. 21, 2012). See
Compl. [Dkt. # 1]. Pending before the Court is Defendant’s Motion to Dismiss pursuant to
subsections 1, 3, 5 and 6 of Federal Rule of Civil Procedure 12(b) [Dkt. # 9]. Plaintiff has not
complied with the Court’s Order [Dkt. # 14] by responding to defendant’s motion by December
30, 2016, and she has not requested additional time to respond. Consistent with the advisements
in the August 31, 2016 Order [Dkt. # 11], the Court finds that plaintiff has conceded defendant’s
argument that she “is not entitled to enforce the Consent Order entered into by the United States
and Wells Fargo because she was not a party to that action.” Def.’s Mot. at 8. Therefore,
defendant’s motion will be granted and this case will be dismissed under Rule 12(b)(6) for
failure to state a claim upon which relief can be granted. A separate Order accompanies this
Memorandum Opinion.
__________s/s__________________
COLLEEN KOLLAR-KOTELLY
United States District Judge
Dated: January 13, 2017