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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 RACHEL BURD, 11 Plaintiff, 12 v. 13 Case No. 2:13-CV-00705-KJD-NJK BANK OF NEW YORK MELLON, 14 ORDER Defendant. 15 16 Before the Court is Defendant Bank of New York Mellon’s (“Defendant”) Motion to Dismiss 17 (#14). Plaintiff Rachel Burd responded (#17) and Defendant replied (#18). 18 I. Procedural History 19 On June 12, 2013, this Court dismissed Plaintiff’s claims under Federal Rule of Civil 20 Procedure 12(b)(6), but granted Plaintiff leave to file an amended complaint which “satisfies the 21 particularity requirement of Federal Rule of Civil Procedure 9(b) or a wrongful foreclosure claim that 22 fulfills the plausibility standard outlined by Twombly.” (#11). In short, because of Plaintiff’s pro se 23 status, the Court explicitly outlined the standards and elements required, explained why Plaintiff 24 failed to meet those standards and elements, and then gave Plaintiff the opportunity to file an 25 amended complaint. Plaintiff then filed her First Amended Complaint (#13). 26 /// 1 2 II. Analysis Plaintiff either will not or cannot satisfy the pleading requirements under either Federal Rule 3 of Civil Procedure 8 or 9. In fact, Plaintiff insists on using Rule 8 as the relevant standard, despite the 4 Court’s lengthy explanation as to why Rule 9 governs her misrepresentation claims. Having already 5 exhaustively explained the standards and elements required in its previous Order (#11), the Court 6 declines to do so again. Plaintiff’s complaint has changed little, and wholly fails to meet the 7 standards articulated by the Court for the same reasons set out in the Court’s previous Order (#11). 8 III. Conclusion 9 10 Defendant’s Motion to Dismiss (#14) is HEREBY GRANTED. DATED this 17th day of September 2013. 11 12 13 14 _____________________________ Kent J. Dawson United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 2

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