Regions Bank v. Tolle et al

Filing 26

ORDER granting 14 Motion to Dismiss and granting 16 Motion to Dismiss. Plaintiff's Count I is dismissed without prejudice. Plaintiff is granted until April 4, 2013 to file an amended complaint. Signed by Chief Judge David R. Herndon on 3/5/2013. (mtm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
REGIONS BANK,
Plaintiff,
v.
JAMES D. TOLLE, et al.,
Defendants.

Case No. 12-cv-1281-DRH-SCW
MEMORANDUM AND ORDER

HERNDON, Chief Judge:
Pending before the Court are defendant Jersey State Bank’s motion to
dismiss Count 1 of plaintiff’s complaint pursuant to Rule 12(b)(6) (Doc. 14) and
defendant United States of America’s motion to dismiss Count 1 (Doc. 16)
(collectively, “defendants”).
Defendants similarly argue that the allegations of plaintiff’s Count 1 for
foreclosure of mortgage are insufficient to state a claim for relief under FEDERAL
RULE

OF

CIVIL PROCEDURE 12(b)(6). Most notably, defendants point out that

plaintiff and the lender referenced in the subject mortgages are different entities.
In response (Docs. 24 and 25), plaintiff seeks leave of the Court to file an
amended complaint addressing what it perceives as the meritorious aspects of
defendants’ respective arguments.

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While plaintiff concedes the salient points of defendants’ motions regarding
what allegations are lacking in the complaint, it does not concede the legal effect
of those omissions. Regardless, the Court finds in favor of defendants regarding
the necessity of certain critical facts plaintiff omitted from its Count 1. See Bell
Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007); Ashcroft v. Iqbal, 556 U.S.
662 (2009)). Thus, without commenting as to defendants’ specific arguments, the
Court GRANTS defendants’ motions to dismiss Count 1 of plaintiff’s complaint
(Docs. 14, 16). Plaintiff’s Count I is dismissed without prejudice. The Court
grants plaintiff leave to file an amended complaint. Accordingly, plaintiff shall file
its amended complaint by April 4, 2013. Upon review of plaintiff’s amended
allegations, defendants will be able to renew their specific arguments should they
feel such arguments are necessary.
IT IS SO ORDERED.
th

Signed this 5 day of March, 2013.

Digitally signed by
David R. Herndon
Date: 2013.03.05
10:13:52 -06'00'
Chief Judge
United States District Court

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