Markey v. JP Morgan Chase Bank, N.A. et al

Filing 17

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)

1
2
3
4

UNITED STATES DISTRICT COURT
5

DISTRICT OF NEVADA
6

***
7

CRIS J. MARKEY,
8
9
10
11
12
13
14

)
)
Plaintiff,
)
)
)
vs.
)
)
JP MORGAN CHASE BANK, N.A., et al., )
)
)
Defendants.
)
)

2:13-cv-00269-PMP-PAL
ORDER

Before the Court for consideration is Defendant JP Morgan Chase Bank, N.A.’s

15

fully briefed Motion to Dismiss Complaint (Doc. #8). By this motion, Defendant seeks

16

dismissal of Plaintiff’s complaint with prejudice, pursuant to Fed. R. Civ. P. 12(b)(6), for

17

failure to state a claim upon which relief can be granted.

18

In Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iqbal,

19

192 S. Ct. 1937 (2009), the United States Supreme Court has outlined the standard for

20

evaluating whether Plaintiff’s complaint can withstand Defendant’s motion to dismiss. For

21

the reasons set forth in Defendant’s Motion and Reply memorandum the Court finds that

22

Plaintiff has failed to allege sufficient facts to state plausible claims for relief, nor is there

23

reason to believe he could do so or leave to amend the complaint granted.

24

Specifically, as argued by Defendant, Plaintiff’s first ten claims are based on

25

actions or omissions allegedly occurring at the time of the origination of the subject Loan in

26

January 2004, and are barred by the Financial Institutions Reform, Recovery and

1

Enforcement Act of 1989, 12 U.S.C. § 1821. Further, for the additional reasons set forth in

2

Defendant’s Motion to Dismiss and Reply, each of Plaintiff’s twelve claims for relief fail to

3

allege sufficient facts to state plausible claims for relief.

4

IT IS THEREFORE ORDERED that Defendant JP Morgan Chase Bank,

5

N.A.’s Motion to Dismiss Complaint (Doc. #8) is GRANTED, and Plaintiff’s Complaint is

6

hereby dismissed with prejudice.

7

IT IS FURTHER ORDERED that the Clerk of Court shall forthwith enter

8

judgment in favor of Defendants and against Plaintiff.

9

DATED: April 15, 2013.

10
11
12

PHILIP M. PRO
United States District Judge

13
14
15
16
17
18
19
20
21
22
23
24
25
26

2