PENNINGTON et al v. WELLS FARGO BANK N.A.

Filing 89

ORDER THAT THE MOTION TO DISMISS IS GRANTED. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 5/30/13. 5/31/13 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
NIKKI PENNINGTON,
Plaintiff/Counter Defendant
v.
WELLS FARGO BANK, N.A.
SUCCESSOR TO WELLS FARGO HOME
MORTGAGE
Defendant/Counterclaimant
v.
JEFFREY PENNINGTON
Counter Defendant.

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: CIVIL ACTION
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: NO. 11cv2896
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ORDER
AND NOW, this 30th day of May, 2013, upon careful consideration of
defendant/counterclaimant’s motion to dismiss (Doc. No. 74), and the counter defendants’
response thereto, IT IS HEREBY ORDERED that the motion to dismiss is GRANTED and the
counterclaims of Nikki Pennington and Jeffrey Pennington to the counterclaims of Wells Fargo
are dismissed. As the counter defendants have had numerous opportunities to provide the court
with facts to support plausible claims that would entitle them to relief, and yet have failed to do
so, dismissal of the counterclaims is WITH PREJUDICE, as an amendment would be frivolous
and futile.
It is further ordered that Wells Fargo’s alternative motion to strike is DENIED.

s/ William H. Yohn Jr.
William H. Yohn Jr., Judge