3529 3529 Woodside Ct NE Land Trust et al v. Green Tree Servicing LLC et al

Filing 26

ORDER by Judge Benjamin H. Settle granting 21 Motion to Dismiss for Failure to State a Claim; granting 22 Motion to Dismiss.(TG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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3529 WOODSIDE CT. NE LAND
7 TRUST, and JUANITA ORRAHOOD,
Plaintiffs,

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v.

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CASE NO. C15-5753 BHS
ORDER GRANTING
DEFENDANTS’ MOTIONS TO
DISMISS

10 GREEN TREE SERVICING, LLC, et al.,
Defendants.

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This matter comes before the Court on Defendants Northwest Trustee Services,
Inc. (“Northwest”), Green Tree Servicing, LLC, and Mortgage Electronic Registration
Systems’ (“Defendants”) motions to dismiss (Dkts. 21, 22).
On August 12, 2015, Plaintiffs 3529 Woodside Ct. NE Land Trust, a Valid Trust,
and Juanita Orrahood filed a complaint against Defendants in Thurston County Superior
Court for the State of Washington. Dkt. 1, Exh. 1. On October 19, 2015, Defendants
removed the matter to this Court. Dkt. 2.
On October 22, 2015, Northwest filed a motion to dismiss. Dkt. 4. On December
14, 2015, the Court granted the motion and, even though Plaintiffs failed to respond,
granted Plaintiffs leave to amend their complaint. Dkt. 16.

ORDER - 1

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On December 17, 2015, Plaintiffs filed an amended complaint. Dkt. 17. On

2 February 12 and February 17, 2016, Defendants filed motions to dismiss the amended
3 complaint. Dkts. 21, 22. Plaintiffs did not respond. On March 11, 2016, Defendants
4 Green Tree Servicing, LLC and Mortgage Electronic Registration Systems replied. Dkt.
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In this case, Defendants are entitled to dismissal. First, the Court considers

7 Plaintiffs’ failure to respond as an admission that Defendants’ motions have merit. Local
8 Rules, W.D. Wash. LCR 7(b)(2). Second, the Court has reviewed the motions and agrees
9 with Defendants that Plaintiffs have failed to state cognizable claims against Defendants.
10 Therefore, the Court GRANTS Defendants’ motions to dismiss.
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With regard to the remaining John Doe defendants, the complaint also fails to

12 identify these parties or state any claim against these defendants. Therefore, the Court
13 also dismisses these parties and the Clerk shall close this case.
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IT IS SO ORDERED.

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Dated this 22nd day of March, 2016.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2