Burd v. Bank of New York Mellon

Filing 19

ORDER Granting 14 Motion to Dismiss. Signed by Judge Kent J. Dawson on 9/17/2013. (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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RACHEL BURD,

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Plaintiff,

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v.

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Case No. 2:13-CV-00705-KJD-NJK

BANK OF NEW YORK MELLON,

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ORDER

Defendant.

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Before the Court is Defendant Bank of New York Mellon’s (“Defendant”) Motion to Dismiss

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(#14). Plaintiff Rachel Burd responded (#17) and Defendant replied (#18).

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I. Procedural History

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On June 12, 2013, this Court dismissed Plaintiff’s claims under Federal Rule of Civil

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Procedure 12(b)(6), but granted Plaintiff leave to file an amended complaint which “satisfies the

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particularity requirement of Federal Rule of Civil Procedure 9(b) or a wrongful foreclosure claim that

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fulfills the plausibility standard outlined by Twombly.” (#11). In short, because of Plaintiff’s pro se

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status, the Court explicitly outlined the standards and elements required, explained why Plaintiff

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failed to meet those standards and elements, and then gave Plaintiff the opportunity to file an

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amended complaint. Plaintiff then filed her First Amended Complaint (#13).

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II. Analysis
Plaintiff either will not or cannot satisfy the pleading requirements under either Federal Rule

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of Civil Procedure 8 or 9. In fact, Plaintiff insists on using Rule 8 as the relevant standard, despite the

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Court’s lengthy explanation as to why Rule 9 governs her misrepresentation claims. Having already

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exhaustively explained the standards and elements required in its previous Order (#11), the Court

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declines to do so again. Plaintiff’s complaint has changed little, and wholly fails to meet the

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standards articulated by the Court for the same reasons set out in the Court’s previous Order (#11).

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III. Conclusion

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Defendant’s Motion to Dismiss (#14) is HEREBY GRANTED.
DATED this 17th day of September 2013.

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_____________________________
Kent J. Dawson
United States District Judge

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