Van Leeuwen v. Intermountain Mortgage et al

Filing 25

MEMORANDUM DECISION AND ORDER granting 10 Motion to Dismiss ; finding as moot 23 Motion to Withdraw as Attorney. Signed by Judge Ted Stewart on 5/9/2011. (las)

IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION

MICHAEL J. VAN LEEUWEN,
Plaintiff,

MEMORANDUM DECISION AND
ORDER GRANTING DEFENDANTS’
MOTION TO DISMISS

vs.

INTERMOUNTAIN MORTGAGE
COMPANY, INC., et al.,

Case No. 2:10-cv-744 TS

Defendants.

The Court has before it Defendants Mortgage Electronic Registration Systems, Inc., BAC
Home Loans Servicing, L.P., and ReconTrust Company, N.A.’s (collectively, “Defendants”)
Motion to Dismiss Plaintiff’s Complaint pursuant to Fed.R.Civ.P. 12(b)(6).1 Defendants contend
that each of the causes of action alleged in the Complaint have been repeatedly rejected by this
Court and rely upon meritless misinterpretations of case law and Utah statutes. The Court
agrees. In reviewing Plaintiff’s arguments, the Court finds no meaningful distinction between
this cause of action and the numerous actions the Court has previously dismissed. As

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Docket No. 10. All other Defendants have been dismissed from this action previously.
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persuasively demonstrated by Defendants in their memoranda, the present claims have been
considered, and rejected, by this Court. The Court finds no reason to depart from its prior
holdings that these claims fail as a matter of law.
Because Plaintiff has failed to plead a cause of action upon which relief may be granted,
it is therefore
ORDERED that Defendants’ Motion to Dismiss (Docket No. 10) is GRANTED. It is
further
ORDERED that Plaintiff’s Counsel’s Motion to Withdraw as Counsel (Docket No. 23) is
DENIED AS MOOT.
The Clerk of the Court is directed to close this case forthwith.
DATED May 9, 2011.
BY THE COURT:

_____________________________________
TED STEWART
United States District Judge

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