Smith v. Wells Fargo Bank NA et al

Filing 27

ORDER granting 17 Defendant Eagle Home Mortgage LLC's Motion to Dismiss; plaintiff's claims are dismissed with prejudice, and without leave to amend. Signed by Judge Ronald B. Leighton.(DN)

1

Honorable Ronald B. Leighton

2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

9
10

ROSALIND SMITH,
No. CV-11-5533-RBL

11
12
13
14
15
16

Plaintiff,
v.
WELLS FARGO BANK, N.A.; WELLS
FARGO HOME MORTGAGE; EAGLE
HOME MORTGAGE; DOES ONE TO
TWENTY, INCLUSIVE,

ORDER GRANTING DEFENDANT
EAGLE HOME MORTGAGE, LLC’S
MOTION TO DISMISS THE
COMPLAINT PURSUANT TO FED. R.
CIV. P. 12(b)(6)

Defendants.

17
18

This matter comes before the Court on Defendant Eagle Home Mortgage, LLC’s

19

Motion to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) [Dkt. #17]. Plaintiff

20

has not responded to the motion. The Court having reviewed the records and files herein,

21

hereby states as follows:

22

Plaintiff’s Complaint states bald allegations with no factual support and does not

23

raise intelligible claims. Even assuming that Plaintiff’s conclusory accusations were

24

proper, however, Eagle is statutorily exempt from Plaintiff’s TILA and FDCPA claims.

25

Because all of Plaintiff’s claims are based on these alleged violations, the rest of Plaintiff’s

26

claims must fail as well.

1

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:

2

Defendant Eagle Home Mortgage, LLC’s Motion to Dismiss [Dkt. #17] pursuant to

3

Fed. R. Civ. P. 12(b)(6) is hereby GRANTED. Plaintiff’s claims against Eagle Home

4

Mortgage, LLC are dismissed with prejudice, and without leave to amend.

5

DATED this 19th day of October, 2011.

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

A
RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE