Smith v. American Express, et al, No. 1:2013cv03014 - Document 48 (S.D.W. Va. 2014)

Court Description: MEMORANDUM OPINION AND ORDER: the Court ADOPTS the 43 PROPOSED FINDINGS AND RECOMMENDATION by Magistrate Judge VanDervort; GRANTS defendant Bayview Loan Servicing's 13 motion to dismiss; GRANTS defendant Litton Loan Servicing's 17 mot ion to dismiss; DENIES plaintiff's 22 motion for default judgment against First Federal Control; DENIES plaintiff's 24 motion for default judgment against GMAC Mortgage; GRANTS defendant Citibank N.A.'s 25 motion to dismiss; GRAN TS defendants BAC Home Loan Servicing, LP and Bank of America, N.A.'s 32 motion to dismiss; DENIES plaintiff's 37 motion to strike the defendants' pleadings; and REFERS this matter back to Magistrate Judge VanDervort for further proceedings. Signed by Judge David A. Faber on 3/31/2014. (cc: plaintiff, pro se and counsel of record) (mjp) (Additional attachment(s) added on 3/31/2014: # 1 Exhibit(s) Public Docket Information (p. 4)) (mjp).