Wilson-McClain v. Specialized Loan Servicing LLC et al

Filing 16

MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 9/29/2016. Copy mailed to Pro Se Plaintiff. (jsmi, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
Richmond Division

CHARLINE M. WILSON-MCCLAIN,
Plaintiff,
V.

Civil Action No. 3:15cv541

SPECIALIZED LOAN SERVICING, LLC,
ASSURANT FIELD ASSET SERVICES,
and

JOHN DOES 1-10,
Defendants.

MEMORANDUM OPINION

This matter comes before the Court on three motions: (1) the Motion to Dismiss pursuant

to Federal Rule of Civil Procedure 12(b)(6)^filed by Defendant Specialized Loan Services, LLC
("SLS"), (ECF No. 6), (2) the Motion to Remand filed by Plaintiff Charline Wilson-McClain,

proceeding pro se, (ECF No. 12); and, (3) the Motion to Vacate Foreclosure Judgment also filed
by Wilson-McClain, (ECF No. 14.) Wilson-McClain failed to file a response to the Motion to
A

Dismiss, and the time to do so has expired. SLS responded to both the Motion to Remand and
the Motion to Vacate. (ECF Nos. 7, 15.) Wilson-McClain did not file replies, and the time to do

so has expired. The matters are ripe for disposition. The Court exercises jurisdiction pursuant to

28 U.S.C. § 1332.^ The Court dispenses with oral argument because the materials before the

' Federal Rule of Civil Procedure 12(b)(6) allows dismissal for "failure to state a claim
upon which relief can be granted."

^SLS provided Wilson-McClain with appropriate notice pursuant toRoseboro v.
Garrison, 528 F.2d 309 (4th Cir. 1975). (Mot. Dismiss 2, ECF No. 12.)

^Section 1332 confers subject matter jurisdiction when the parties are diverse and the
amount in controversy exceeds $75,000. 28 U.S.C. § 1332(a). For purposes of diversity