Fauley v. Washington Mutual Bank FA et al, No. 3:2013cv00581 - Document 73 (D. Or. 2014)
Court Description: OPINION AND ORDER: I GRANT Defendant LNV Corporations 50 and Deutsche Banks 51 motions to dismiss Ms. Fauleys UTPA and fraud claims WITHPREJUDICE. Ms. Fauleys claims for declaratory and injunctive relief are dependent on her UTPA and fraud claims and are likewise DISMISSED WITH PREJUDICE. All other pending motions are DENIED AS MOOT. Signed on 11/4/14 by Judge Michael W. Mosman. (dls)
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Fauley v. Washington Mutual Bank FA et al Doc. 73 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION ROBYNNE A. FAULEY, No. 3:13-cv-00581-MO Plaintiff, OPINION AND ORDER v. WASHINGTON MUTUAL BANK, FA; RESIDENTIAL FUNDING COMPANY, LLC; DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE; LNV CORPORATION; and DOES 1–20, Defendants. MOSMAN, J., Plaintiff Robynne Fauley alleges violations of the Uniform Unfair Trade Practices Act and fraud in connection with her residential mortgage loan. I dismissed [35] Ms. Fauley’s first amended complaint without prejudice to allow her to amend her complaint to conform to federal pleading standards. I now find Ms. Fauley’s second amended complaint [39] similarly does not state a plausible claim for relief. Therefore I GRANT Defendant LNV Corporation’s [50] and 1 – OPINION AND ORDER Dockets.Justia.com Deutsche Bank’s [51] motions to dismiss Ms. Fauley’s UTPA and fraud claims WITH PREJUDICE. Ms. Fauley’s claims for declaratory and injunctive relief are dependent on her UTPA and fraud claims and are likewise DISMISSED WITH PREJUDICE. All other pending motions are DENIED AS MOOT. DATED this 5th day of November, 2014. /s/ Michael W. Mosman____ MICHAEL W. MOSMAN United States District Judge 2 – OPINION AND ORDER
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