Graff et al v. Stearns Lending et al
Filing
16
AMENDED MEMORANDUM DECISION AND ORDER granting 5 Motion to Dismiss. Signed by Judge Ted Stewart on 5/12/2011. (las)
IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION
BRIAN S. GRAFF and CAMI J. GRAFF,
Plaintiffs,
MEMORANDUM DECISION AND
ORDER GRANTING DEFENDANTS’
MOTION TO DISMISS
vs.
STEARNS LENDING, INC.; MERS;
RECONTRUST CO.; BAC HOME LOANS
SERVICING, and Does 1-10,
Case No. 2:10-CV-1044 TS
Defendants.
The Court has before it Defendants ReconTrust Company, N.A., Mortgage Electronic
Registration Systems, Inc., and BAC Home Loans Servicing’s (collectively, “Defendants”)
Motion to Dismiss Plaintiffs’ 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. In response,
Plaintiffs admit that this Court has repeatedly rejected similar claims, but argue that the Court’s
1
Docket No. 5. Defendant Stearns Lending, Inc. was previously dismissed from this
matter.
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prior holdings are in error. In reviewing Plaintiffs’ arguments, however, the Court finds no
meaningful distinction between this cause of action and the numerous actions the Court has
previously dismissed. As persuasively demonstrated by Defendants in their memoranda, this
Court’s prior orders are founded in well-established law. The Court finds no reason to depart
from its prior holdings that these claims fail as a matter of law.
Because Plaintiffs have failed to plead a cause of action upon which relief may be
granted, it is therefore
ORDERED that Defendants’ Motion to Dismiss (Docket No. 5) is GRANTED.
The Clerk of the Court is directed to close this case forthwith.
DATED May 12, 2011.
BY THE COURT:
_____________________________________
TED STEWART
United States District Judge
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