Saccio et al v. Bank of America et al

Filing 15

MEMORANDUM DECISION granting WITH PREJUDICE 7 Motion to Dismiss for Failure to State a Claim. The Hearing set for September 13, 2011 is Stricken. Signed by Judge Ted Stewart on 08/29/2011. (tls)

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

CHARLES and PATRICIA E. SACCIO,
Plaintiffs,

MEMORANDUM DECISION AND
ORDER GRANTING DEFENDANTS’
MOTION TO DISMISS

vs.

BANK OF AMERICA, INC., et al.,

Case No. 2:11-CV-511 TS

Defendants.

The Court has before it Defendants Bank of America, N.A. (erroneously named as Bank
of America, Inc.), BAC Home Loan Servicing, L.P., Countrywide Home Loans, Inc.,
Countrywide Home Loans, Inc. dba America’s Wholesale Lender, Green Tree Servicing, LLC,
and Mortgage Electronic Registration Systems, Inc.’s (collectively, “Defendants”) Motion to
Dismiss Plaintiff’s Complaint.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 fact, this Court recently rejected a complaint filed by Plaintiffs’

1

Docket No. 7.
1

counsel in a separate matter which was nearly identical to the one presently before the Court.2
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 claim upon which relief may be granted, it is
therefore
ORDERED that Defendants’ Motion to Dismiss (Docket No. 7) is GRANTED. The
action is hereby DISMISSED WITH PREJUDICE.
The hearing set for September 13, 2011 is STRICKEN. The Clerk of the Court is
directed to close this case forthwith.
DATED August 29, 2011.
BY THE COURT:

_____________________________________
TED STEWART
United States District Judge

2

See Knudsen v. Countrywide Home Loans, Inc., Case No. 2:11-CV-429 TS, 2011 WL
3236000 (D. Utah July 26, 2011).
2