Diane Ingalls-Reid Family Trust, The v. BAC Home Loans Servicing et al, No. 2:2011cv00020 - Document 18 (D. Utah 2011)

Court Description: MEMORANDUM DECISION AND ORDER granting 9 Motion to Dismiss Defendants BAC Home Loans Servicing and Mortgage Electronic Registration Systems. Signed by Judge Ted Stewart on 5/2/2011. (las)

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IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION THE DIANE INGALLS-REID FAMILY TRUST, Plaintiff, MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS MOTION TO DISMISS vs. BAC HOME LOANS SERVICING, LP; MORTGAGE ELECTRONIC SYSTEMS, INC.; MERIDIAS CAPITAL, INC.; and DOES OF UNKNOWN NUMBER; Case No. 2:11-CV-20 TS Defendants. The Court has before it Defendants BAC Home Loans Servicing, L.P. and Mortgage Electronic Registration Systems, Inc. s (collectively, Defendants ) Motion to Dismiss Plaintiff s 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, Plaintiff admits that this Court has repeatedly rejected related claims, but argues that the claims raised in Plaintiff s 1 Docket No. 14. 1 Complaint are distinguishable from these precedents. In reviewing Plaintiff s 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, the present claims have been considered, and rejected, by this Court. The Court, therefore, finds no reason to depart from its prior holdings that these claims fail as a matter of law. Because Plaintiff has failed to plead a cause of action upon which relief may be granted, it is therefore ORDERED that Defendants Motion to Dismiss (Docket No. 9) is GRANTED. DATED May 2, 2011. BY THE COURT: _____________________________________ TED STEWART United States District Judge 2

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