Fauley v. Washington Mutual Bank FA et al

Filing 73

OPINION AND ORDER: I GRANT Defendant LNV Corporations 50 and Deutsche Banks 51 motions to dismiss Ms. Fauleys UTPA and fraud claims WITHPREJUDICE. Ms. Fauleys claims for declaratory and injunctive relief are dependent on her UTPA and fraud claims and are likewise DISMISSED WITH PREJUDICE. All other pending motions are DENIED AS MOOT. Signed on 11/4/14 by Judge Michael W. Mosman. (dls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
ROBYNNE A. FAULEY,
No. 3:13-cv-00581-MO
Plaintiff,
OPINION AND ORDER
v.
WASHINGTON MUTUAL BANK, FA;
RESIDENTIAL FUNDING COMPANY,
LLC; DEUTSCHE BANK TRUST
COMPANY AMERICAS AS TRUSTEE;
LNV CORPORATION; and DOES 1–20,
Defendants.
MOSMAN, J.,
Plaintiff Robynne Fauley alleges violations of the Uniform Unfair Trade Practices Act
and fraud in connection with her residential mortgage loan. I dismissed [35] Ms. Fauley’s first
amended complaint without prejudice to allow her to amend her complaint to conform to federal
pleading standards. I now find Ms. Fauley’s second amended complaint [39] similarly does not
state a plausible claim for relief. Therefore I GRANT Defendant LNV Corporation’s [50] and

1 – OPINION AND ORDER

Deutsche Bank’s [51] motions to dismiss Ms. Fauley’s UTPA and fraud claims WITH
PREJUDICE. Ms. Fauley’s claims for declaratory and injunctive relief are dependent on her
UTPA and fraud claims and are likewise DISMISSED WITH PREJUDICE. All other pending
motions are DENIED AS MOOT.
DATED this

5th

day of November, 2014.

/s/ Michael W. Mosman____
MICHAEL W. MOSMAN
United States District Judge

2 – OPINION AND ORDER