Brown v. Countrywide Home Loans Inc, et al

Filing 38

ORDER DISMISSING FIRST AMERICAN TITLE COMPANY AS A DEFENDANT WITHOUT PREJUDICE. Granting 17 Defendant First American's Motion to Dismiss for Failure to State a Claim. Party First American Title Company (successor in interest to Pacific Northwest Title Company, a Trustee doing business in Washington state) is dismissed without prejudice. Signed by Judge Salvador Mendoza, Jr. (SK, Case Administrator)

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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Mar 25, 2016
SEAN F. MCAVOY, CLERK

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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BARRY K. BROWN,

No. 2:15-CV-0199-SMJ

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Plaintiff,
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v.
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COUNTRYWIDE HOME LOANS,
INC., a California corporation; BANK
OF AMERICA, N.A., a national bank
doing business in Washington state;
NORTHWEST TRUSTEE SERVICES,
INC., a trustee doing business in
Washington state; MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC., aka MERS, a
corporation doing business in
Washington state; FIRST AMERICAN
TITLE COMPANY, successor in
interest to Pacific Northwest Title
Company, a Trustee doing business in
Washington state; NATIONSTAR
MORTGAGE, LLC, a limited liability
company; and DOES 1-100, inclusively
and All Persons Unknown, Claiming
Any Legal Or Equitable Right, Title,
Estate, Lien, Or Interest In The Property
Described In The Complaint Adverse
To Plaintiff’s Title, Or Any Cloud On
Plaintiff’s Title Thereto,

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Defendants.
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ORDER - 1

ORDER DISMISSING FIRST
AMERICAN TITLE COMPANY
AS A DEFENDANT WITHOUT
PREJUDICE

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Before the Court, without oral argument, is Defendant First American Title

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Company’s Motion to Dismiss Plaintiff's Complaint for Failure to State a Claim

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Upon Which Relief can be Granted, ECF No. 17. Having reviewed the pleadings

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and the file in this matter, the Court is fully informed and grants the motion.

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A pleading that states a claim for relief must contain a short and plain

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statement of the claim showing that the pleader is entitled to relief. Fed. R. Civ.

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Proc. 8(a)(2). First American’s name appears exactly once in the complaint—in

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the caption. Because the complaint fails to state a short and plain statement of the

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claim against First American, First American is dismissed from the action without

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prejudice.

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Accordingly, IT IS HEREBY ORDERED:

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1.

Defendant First American’s Motion to Dismiss Plaintiff's Complaint

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for Failure to State a Claim Upon Which Relief can be Granted, ECF

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No. 17, is GRANTED.

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2.

PREJUDICE.

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First American Title Company is DISMISSED WITHOUT

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The Clerk’s Office is directed to AMEND the caption to read:
BARRY K. BROWN,

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Plaintiff,

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v.

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ORDER - 2

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COUNTRYWIDE HOME LOANS, INC., a California
corporation; BANK OF AMERICA, N.A., a national
bank
doing
business
in
Washington
state;
NORTHWEST TRUSTEE SERVICES, INC., a trustee
doing business in Washington state; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC.,
aka MERS, a corporation doing business in Washington
state; NATIONSTAR MORTGAGE, LLC, a limited
liability company; and DOES 1-100, inclusively and All
Persons Unknown, Claiming Any Legal Or Equitable
Right, Title, Estate, Lien, Or Interest In The Property
Described In The Complaint Adverse To Plaintiff’s
Title, Or Any Cloud On Plaintiff’s Title Thereto,

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Defendants.

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IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order
and provide copies to all counsel.
DATED this 25th day of March 2016.

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SALVADOR MENDOZA, JR.
United States District Judge

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Q:\SMJ\Civil\2015\Brown v Countrywide Home Loans Inc et al-0199\ord fatc mtd lc1 docx

ORDER - 3