Norman v. Recontrust Company et al
MEMORANDUM DECISION AND ORDER granting 4 Motion to Dismiss. Signed by Judge Ted Stewart on 5/12/2011. (las)
IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH
MEMORANDUM DECISION AND
ORDER GRANTING DEFENDANTS’
MOTION TO DISMISS
RECONTRUST COMPANY, MORTGAGE
SYSTEMS, AMERICA’S WHOLESALE
LENDER’S, and Does 1-5,
Case No. 2:10-CV-1188 TS
The Court has before it Defendants ReconTrust Company, N.A., Mortgage Electronic
Registration Systems, Inc., and America’s Wholesale Lender’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. In response,
Plaintiff admits that this Court has repeatedly rejected similar claims, but argues that the Court’s
Docket No. 4.
prior holdings are in error. In reviewing Plaintiff’s 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 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. 4) is GRANTED.
The Clerk of the Court is directed to close this case forthwith.
DATED May 12, 2011.
BY THE COURT:
United States District Judge
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