Tanya Spicer v. The Ryland Group, Inc., No. 07-15426 (11th Cir. 2008)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED _____________________________U.S. COURT OF APPEALS ELEVENTH CIRCUIT SEPT 16, 2008 THOMAS K. KAHN CLERK No. 07-15426 ___________________________ D.C. Docket No. 07-01446-CV-CAP-1 TANYA SPICER, individually and on behalf of all similarly situated individuals, Plaintiff-Appellant, versus THE RYLAND GROUP, INC. D.b.a. Ryland Homes, RYLAND MORTGAGE CO., Defendants-Appellees. ________________________ Appeal from the United States District Court for the Northern District of Georgia ___________________________ (September 16, 2008) Before WILSON and PRYOR, Circuit Judges, and MIDDLEBROOKS,* District Judge. * Honorable Donald M. Middlebrooks, United States District Judge for the Southern District of Florida, sitting by designation. PER CURIAM: Appellant, Tanya Spicer, on behalf of herself and a putative nationwide class of individuals, appeals the district court s order, granting a motion to dismiss in favor of Appellees, Ryland Group, Inc., that was based on the district court s determination that defendants offering a discount on settlement services, conditioned upon the use of an affiliated business arrangement in this case was not a violation of the Real Estate Settlement Procedures Act, 12 U.S.C. §§2607(a) and (b). See Spicer v. Ryland Group. Inc., 523 F.Supp. 1356 (N.D. Ga. 2007). We have considered the briefs, the relevant parts of the record, and the well-reasoned opinion by the district court and conclude that the district court did not err, and properly granted Defendant-Appellees motion to dismiss against PlaintiffAppellant. AFFIRMED. 2

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