Markey v. JP Morgan Chase Bank, N.A. et al
Filing
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ORDER Granting 8 Motion to Dismiss. Plaintiff's complaint is dismissed with prejudice. Signed by Judge Philip M. Pro on 4/15/2013. (Copies have been distributed pursuant to the NEF - SLR)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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CRIS J. MARKEY,
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Plaintiff,
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vs.
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JP MORGAN CHASE BANK, N.A., et al., )
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Defendants.
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2:13-cv-00269-PMP-PAL
ORDER
Before the Court for consideration is Defendant JP Morgan Chase Bank, N.A.’s
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fully briefed Motion to Dismiss Complaint (Doc. #8). By this motion, Defendant seeks
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dismissal of Plaintiff’s complaint with prejudice, pursuant to Fed. R. Civ. P. 12(b)(6), for
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failure to state a claim upon which relief can be granted.
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In Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iqbal,
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192 S. Ct. 1937 (2009), the United States Supreme Court has outlined the standard for
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evaluating whether Plaintiff’s complaint can withstand Defendant’s motion to dismiss. For
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the reasons set forth in Defendant’s Motion and Reply memorandum the Court finds that
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Plaintiff has failed to allege sufficient facts to state plausible claims for relief, nor is there
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reason to believe he could do so or leave to amend the complaint granted.
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Specifically, as argued by Defendant, Plaintiff’s first ten claims are based on
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actions or omissions allegedly occurring at the time of the origination of the subject Loan in
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January 2004, and are barred by the Financial Institutions Reform, Recovery and
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Enforcement Act of 1989, 12 U.S.C. § 1821. Further, for the additional reasons set forth in
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Defendant’s Motion to Dismiss and Reply, each of Plaintiff’s twelve claims for relief fail to
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allege sufficient facts to state plausible claims for relief.
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IT IS THEREFORE ORDERED that Defendant JP Morgan Chase Bank,
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N.A.’s Motion to Dismiss Complaint (Doc. #8) is GRANTED, and Plaintiff’s Complaint is
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hereby dismissed with prejudice.
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IT IS FURTHER ORDERED that the Clerk of Court shall forthwith enter
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judgment in favor of Defendants and against Plaintiff.
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DATED: April 15, 2013.
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PHILIP M. PRO
United States District Judge
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