Chace v. Nationstar Mortgage, LLC et al
Filing
18
MEMORANDUM DECISION AND ORDER dismissing with prejudice 15 Second Amended Complaint filed by Raymond N Chace, Jr. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
RAYMOND N. CHACE. JR.
Case No. 1:10-CV-331-BLW
Plaintiff,
MEMORANDUM DECISION AND
ORDER
v.
NATIONSTAR MORTGAGE LLC, and
FEDERAL NATIONAL MORTGAGE
ASSOCIATION, DOES 1-10 and ROES
2-10, et. al.,
Defendants.
On November 10, 2010, Magistrate Judge Dale issued an Initial Review Order
requiring Plaintiff to file an Amended Complaint on or before December 17, 2010.
Magistrate Judge Dale explained that the Complaint failed to comply with applicable
rules. In her order, Magistrate Judge Dale explained in detail the shortcomings in
Plaintiff’s Complaint.
Plaintiff filed his Amended Complaint that same day. (Dkt. 6). The Amended
Complaint was identical to the Complaint in all material respects with the exception of
adding Defendant Federal National Mortgage Association as a Defendant and naming it
in place of MERS where MERS was mentioned in the original Complaint. The same
eight causes of action, with no substantive changes, were alleged in the Amended
MEMORANDUM DECISION AND ORDER - 1
Complaint.
Plaintiff also filed a motion to change the caption and properly identify another
defendant. On November 22, 2010, Magistrate Judge Dale granted that motion and gave
Plaintiff an opportunity to amend the Complaint to add the additional defendant.
However, the Court noted that the First Amended Complaint suffered from the same
deficiencies identified by the Court’s November 10, 2010 Initial Review Order. The
Court explained that Plaintiff had not identified any conduct attributable to Defendant
Federal National Mortgage Association as it relates to Plaintiff and the eight causes of
action alleged, other than it was the “investor” in the mortgage at issue. Plaintiff did not
set forth any particular acts, statements, or conduct attributable to Federal National
Mortgage Association establishing any of the elements of the eight causes of action
asserted against Federal National Mortgage Association.
Accordingly, although Magistrate Judge Dale granted Plaintiff an opportunity to
amend his Complaint to add the additional defendant, Magistrate Judge Dale also ordered
Plaintiff to comply with the Court’s November 10, 2010 Initial Review Order. The Court
explained that because Plaintiff had named a second Defendant, the Court would give
Plaintiff additional time to comply with the Court’s initial order. Magistrate Judge Dale
specifically cautioned Plaintiff that he would have only until December 30, 2010 to file
the Second Amended Complaint. Magistrate Judge Dale explained that failure to
sufficiently amend the Amended Complaint by that date would result in reassignment to a
District Judge for consideration of summary dismissal of this matter with prejudice.
MEMORANDUM DECISION AND ORDER - 2
Plaintiff requested more time to file his Second Amended Complaint, and the Court gave
him until January 21, 2011.
Plaintiff filed his Second Amended Complaint on January 21, 2011. As noted
above, Magistrate Judge Dale explained in detail why all of Plaintiff’s claims in his
original Complaint fail as a matter of law. The Second Amended Complaint is almost
identical to the original Complaint. Essentially, the only amendments in the Second
Amended Complaint are Plaintiff’s requests that the defendants prove his allegations
wrong, and notations that his demands for documents contrary to his allegations remain
unheeded. These amendments do not cure the defects in his original Complaint.
Accordingly, for the reasons explained in Magistrate Judge Dale’s Initial Review Order,
the Court will dismiss Plaintiff’s claims with prejudice. The Court will not grant Plaintiff
a third opportunity to file an amended complaint.
ORDER
IT IS ORDERED:
1.
Plaintiff’s Second Amended Complaint is DISMISSED WITH
PREJUDICE.
2.
The Court will enter a separate judgment pursuant to Federal Rule of Civil
Procedure 58.
MEMORANDUM DECISION AND ORDER - 3
DATED: April 10, 2011
Honorable B. Lynn Winmill
Chief U. S. District Judge
MEMORANDUM DECISION AND ORDER - 4
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