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

Filing 150

MEMORANDUM ORDER denying 114 , 116 Defendants' Motions for Judgment on the Pleadings. Signed by Judge David S. Cercone on 9/30/13. (mwm)

11cv474IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DESIREE MORRIS, Individually and as
a representative of the classes,

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Plaintiff,
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v.
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WELLS FARGO BANK N.A. ,
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WELLS FARGO HOME MORTGAGE, )
INC., and WELLS FARGO
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INSURANCE, INC.,
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Defendants.
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2:11cv474
Electronic Filing

MEMORANDUM ORDER
AND NOW, this 30th day of September, 2013, upon due consideration of defendants'
motions for judgment on the pleadings and the parties' submissions in conjunction therewith, IT
IS ORDERED that [114],[116] the motions be, and the same hereby are, denied.
A party may move for judgment on the pleadings pursuant to Federal Rule of Civil
Procedure 12(c) when the pleadings clearly show that no material issue of fact exists and that it
is entitled to judgment as a matter of law. Rosenau v. Uniford Corp., 539 F.3d 218, 221 (3d
Cir.2008) (citing Jablonski v. Pan Am. World Airways, Inc., 863 F.2d 289, 290-91 (3d
Cir.1988)). In reviewing such a motion, the court must view the facts in the pleadings and the
inferences therefrom in a light most favorable to the non-moving party. Id. "A motion for
judgment on the pleadings, like a motion to dismiss, will be granted if the plaintiff has not
articulated enough facts to 'raise a right to relief above the speculative level.'" Bangura v. City of
Phila., 338 Fed. Appx. 261, 264 (3d Cir. 2009) (quoting Bell Atlantic Corp. v. Twombly, 550
U.S. 544, 555 (2007)).

Stating a claim does not require a plaintiff to plead the factual evidence needed to prove
entitlement to relief. See Fowler v. UPMC Shadyside, 578 F.3d 203, 212-13 (3d Cir. 2009) ("It
is axiomatic that the standards for dismissing claims under Federal Rule of Civil Procedure
12(b)(6) and granting judgment under either Federal Rule of Civil Procedure 50 or Federal Rule
of Civil Procedure 56 are vastly different."). Nor does it require the plaintiff to meet a quantum
of proof. Id. It is sufficient to plead enough factual matter that when taken as true and
considered in conjunction with all reasonable inferences drawn therefrom "set forth sufficient
facts to support plausible claims." Id. at 212.
Once a complaint has adequately stated a claim, that claim "may not be dismissed based
on a district court's assessment that the plaintiff will fail to find evidentiary support for his
allegations or prove his claim to the satisfaction of the factfinder." Twombly, 550 U.S. at 563
n.8; Fowler, 578 F.3d at 212 ("[A] well-pleaded complaint may proceed even if it strikes a savvy
judge that actual proof of those facts alleged is improbable and that a recovery is very remote
and unlikely.") (quoting Twombly, 550 U.S. at 556). In other words, "the breadth of
opportunity to prove what an adequate complaint claims" is not limited only to the specific facts
articulated in the stated claim. Twombly, 550 U.S. at 563.
On September 7, 2012, this court issued an opinion resolving defendants' motions to
dismiss pursuant to Rule 12(b)(6). See Opinion of September 7, 2012 (Doc. No. 99). Therein, it
was determined that valid claims for breach of contract and relief under the Truth in Lending Act
had been set forth against Wells Fargo Bank and a valid common law claim for unjust
enrichment had been set forth against Wells Fargo Insurance. Id. at 14-16, 19-24.
Having determined that valid contract, TILA and unjust enrichment claims have been
stated against defendants, plaintiff is entitled to engage in discovery and offer proof in support of
her claims. Defendants' answers have neither add to nor subtract from the sufficiency of
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plaintiff's allegations. Similarly, they fail to demonstrate conclusively that there are no material
issues of fact with regard to the stated claims. Consequently, defendants' motions for judgment
on the pleadings properly have been denied.

s/ David Stewart Cercone
David Stewart Cercone
United States District Judge
cc:

Michele R. Fisher, Esquire
Kai H. Richter, Esquire
Paul J. Lukas, Esquire
Rebekah L. Bailey, Esquire
E. Michelle Drake, Esquire
Matthew C. Helland, Esquire
Adam W. Hansen, Esquire
Shanon J. Carson, Esquire
Patrick F. Madden, Esquire
Daniel B. Huyett, Esquire
Christopher N. Kelly, Esquire
Steven J. Adams, Esquire
Jason A. Risk, Esquire
(Via CM/ECF Electronic Mail)

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