Carter v. Standard Guaranty Insurance Co. et al

Filing 23

ORDER and REPORT AND RECOMMENDATIONS: It is Recommended that defendants' motion to dismiss (Docs. 9, 17) be GRANTED, plaintiff's case be DISMISSED without prejudice for lack of subject matter jurisdiction, and plaintiff's motion for l eave to amend his complaint (Doc. 7) be DENIED as moot. It is Ordered that plaintiff's motion for limited discovery (Doc. 21) is DENIED. Signed by Magistrate Judge Karen L. Litkovitz on 5/21/15. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

ORLANDO CARTER,
Plaintiff,
vs.

STANDARD GUARANTY INS. CO., et al,
Defendants.

Case No. l:15-cv-14
Dlott, J.
Litkovitz, M.J.

ORDER AND REPORT
AND RECOMMENDATION

Plaintiff Orlando Carter brings this pro se diversity action pursuant to 28 U.S.C. § 1332
against defendants Standard Guaranty Insurance Co. (Standard Guaranty), JPMorgan Chase
Bank (Chase Bank), and Deutsche Bank National Trust Company (Deutsche Bank) alleging state

law claims of negligence, gross negligence, breach of contract, breach of the covenant of good
faith and fair dealing, breach of fiduciary duty, and civil conspiracy. (Doc. 4). This matter is
before the Court on defendants Chase Bank and Deutsche Bank's motion to dismiss, which

Standard Guaranty joins (Docs. 9, 17), plaintiffs response in opposition (Doc. 15), and Chase
Bank and Deutsche Bank's reply memorandum (Doc. 19). This matter is also before the Court

on plaintiffs motion for leave to amend his complaint (Doc. 7), and plaintiffs motion for limited
discovery (Doc. 21) and defendants' response in opposition thereto (Doc. 22).
I. Background

Plaintiff filed the complaint in this matter on February 6, 2015. (Doc. 4). The complaint
sets forth the following factual allegations. Defendant Deutsche Bank holds the mortgage to a

parcel of real property in Warren County. Chase Bank1 is the mortgage servicer for Deutsche
Bank and plaintiff is the mortgagor. In July 2009, Deutsche Bank filed a foreclosure action

Plaintiffs complaint identifies defendant Chase Bank as simply "JP Morgan Chase Bank," "a national
banking corporation with a business location in Warren County, Ohio [that] is authorized to do business in the State
of Ohio." See Doc. 3 at 1, \ 4.