Graff et al v. Stearns Lending et al, No. 2:2010cv01044 - Document 16 (D. Utah 2011)
Court Description: AMENDED MEMORANDUM DECISION AND ORDER granting 5 Motion to Dismiss. Signed by Judge Ted Stewart on 5/12/2011. (las)
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IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION BRIAN S. GRAFF and CAMI J. GRAFF, Plaintiffs, MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS MOTION TO DISMISS vs. STEARNS LENDING, INC.; MERS; RECONTRUST CO.; BAC HOME LOANS SERVICING, and Does 1-10, Case No. 2:10-CV-1044 TS Defendants. The Court has before it Defendants ReconTrust Company, N.A., Mortgage Electronic Registration Systems, Inc., and BAC Home Loans Servicing s (collectively, Defendants ) Motion to Dismiss Plaintiffs Complaint pursuant to Fed.R.Civ.P. 12(b)(6).1 Defendants contend that each of the causes of action alleged in the Complaint have been repeatedly rejected by this Court and rely upon meritless misinterpretations of case law and Utah statutes. In response, Plaintiffs admit that this Court has repeatedly rejected similar claims, but argue that the Court s 1 Docket No. 5. Defendant Stearns Lending, Inc. was previously dismissed from this matter. 1 prior holdings are in error. In reviewing Plaintiffs arguments, however, the Court finds no meaningful distinction between this cause of action and the numerous actions the Court has previously dismissed. As persuasively demonstrated by Defendants in their memoranda, this Court s prior orders are founded in well-established law. The Court finds no reason to depart from its prior holdings that these claims fail as a matter of law. Because Plaintiffs have failed to plead a cause of action upon which relief may be granted, it is therefore ORDERED that Defendants Motion to Dismiss (Docket No. 5) is GRANTED. The Clerk of the Court is directed to close this case forthwith. DATED May 12, 2011. BY THE COURT: _____________________________________ TED STEWART United States District Judge 2
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