Aylesworth v. Bank of America, N.A., et al

Filing 9

ORDER granting 4 Defendants' Motion to Dismiss Plaintiff's complaint by Judge Marsha J. Pechman.(MD)

The Honorable Marsha J. Pechman

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE

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TROY AYLESWORTH, an unmarried man,
Plaintiff,

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vs.

Case No.: 2:13-cv-553
ORDER GRANTING DEFENDANTS’
MOTION TO DISMISS PLAINTIFF’S
COMPLAINT

BANK OF AMERICA, N.A., a North Carolina
Corporation; BAC HOME LOAN
SERVICING, LP, a Texas Limited Partnership;
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., a
Delaware Corporation; and FEDERAL
NATIONAL MORTGAGE ASSOCIATION,
foreign quasigovernmental organization,

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Defendants.

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THIS MATTER having come before the Court upon the filing of a Motion to Dismiss

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pursuant to Federal Rule of Civil Procedure 12(b)(6) (“the Motion”) filed on behalf of

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Defendants Bank of America, N.A., for itself and as successor by merger to BAC Home Loans
Servicing, LP, Mortgage Electronic Registration Systems, Inc., and Federal National Mortgage

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ORDER GRANTING DEFENDANTS’ MOTION TO
DISMISS PLAINTIFF’S
COMPLAINT - 1
Case No.: 2:13-cv-553

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Association (collectively “Defendants”); all parties having been given notice and an

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opportunity to respond and Plaintiff having failed to respond; the Court having reviewed all

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pleadings filed by all parties relating to the Motion; and the Court having reviewed the records

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and files herein:
IT IS ORDERED that Defendants’ Motion to Dismiss is GRANTED; and
IT IS FURTHER ORDERED that the claims of Troy Aylesworth are dismissed in their
entirety, without prejudice.
IT IS SO ORDERED.
DATED: ___May 2___, 2013

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A

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Marsha J. Pechman
United States District Judge

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Presented by:

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WITHERSPOON ∙ KELLEY
s/ Christopher G. Varallo
Christopher G. Varallo, WSBA No. 29410
Steven J. Dixson, WSBA No. 38101
WITHERSPOON ∙ KELLEY
422 W. Riverside Ave., Suite 1100
Spokane, WA 99201-0300
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Defendants Bank of America, N.A.,
for itself and as successor by merger to BAC
Home Loans Servicing, LP, Mortgage Electronic
Registration Systems, Inc. and Federal
National Mortgage Association
ORDER GRANTING DEFENDANTS’ MOTION TO
DISMISS PLAINTIFF’S
COMPLAINT - 2
Case No.: 2:13-cv-553