Hiner et al v. Selene Finance et al

Filing 12

MEMORANDUM DECISION AND ORDER granting 5 Motion to Dismiss. Plaintiffs' claims are Dismissed With Prejudice. Signed by Judge Ted Stewart on 5/26/2011. (las)

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

BART HINER and NIKKI HINER,
Plaintiffs,

MEMORANDUM DECISION AND
ORDER GRANTING DEFENDANTS’
MOTIONS TO DISMISS

vs.

SELENE FINANCE, LP; AMERICAN
HOME MORTGAGE SERVICING, INC.;
and OPTION ONE MORTGAGE;

Case No. 2:11-CV-261 TS

Defendants.

The Court has before it Defendants Selene Finance, LP and American Home Mortgage
Servicing, Inc.’s (collectively, “Defendants”) Motions 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 Plaintiffs’ arguments, the Court
finds no meaningful distinction between this cause of action and the numerous actions the Court

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Docket Nos. 4-3 & 5. Defendant Option One Mortgage was removed from this action
per Plaintiffs’ Second Amended Complaint. See Docket No 4-7.
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has previously dismissed. As 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 Plaintiffs have failed to plead a cause of action upon which relief may be
granted, it is therefore
ORDERED that Defendants’ Motions to Dismiss (Docket Nos. 4-3 & 5) are GRANTED.
Plaintiffs’ claims are DISMISSED WITH PREJUDICE.
The Clerk of the Court is directed to close this case forthwith.
DATED May 26, 2011.
BY THE COURT:

_____________________________________
TED STEWART
United States District Judge

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