Bowman v. Vantium Capital, Inc.

Filing 17

ORDER granting 6 Motion to Dismiss for Failure to State a Claim. Plaintiff granted leave to amend her Complaint within 14 days of date of this Order, if she so chooses. Signed by Judge Jackson L. Kiser on 1/13/2014. (mlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
DANVILLE DIVISION
BRENDA M. BOWMAN,
Plaintiff,
v.
VANTIUM CAPITAL, INC., d/b/a
ACQURA LOAN SERVICES,
Defendant.

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Case No.: 4:13-cv-00063
ORDER
By: Hon. Jackson L. Kiser
Senior United States District Judge

Plaintiff Brenda M. Bowman (“Plaintiff”) filed a Complaint in state court alleging that
Defendant Vantium Capital, Inc., doing business as Acqura Loan Services (“Vantium”), violated
the Real Estate Settlement Procedures Act (“RESPA”). Vantium removed the action to this
Court and moved to dismiss the Complaint for failure to state a claim, pursuant to Rule 12(b)(6)
of the Federal Rules of Civil Procedure. Plaintiff responded, and the issues were fully briefed by
the parties. I heard oral arguments on January 6, 2014, and the matter is now ripe for decision.
For the reasons stated in the accompanying Memorandum Opinion, Vantium’s Motion to
Dismiss [ECF No. 6] is hereby GRANTED. Plaintiff is granted leave to amend her Complaint
within fourteen (14) days of the date of this Order, if she so chooses.
The Clerk is directed to send a copy of this Order and accompanying Memorandum
Opinion to all counsel of record.
Entered this 13th day of January, 2014.

s/Jackson L. Kiser
SENIOR UNITED STATES DISTRICT JUDGE