Wilson-McClain v. Specialized Loan Servicing LLC et al, No. 3:2015cv00541 - Document 16 (E.D. Va. 2016)
Court Description: MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 9/29/2016. Copy mailed to Pro Se Plaintiff. (jsmi, )
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Wilson-McClain v. Specialized Loan Servicing LLC et al Doc. 16 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA Richmond Division CHARLINE M. WILSON-MCCLAIN, Plaintiff, V. Civil Action No. 3:15cv541 SPECIALIZED LOAN SERVICING, LLC, ASSURANT FIELD ASSET SERVICES, and JOHN DOES 1-10, Defendants. MEMORANDUM OPINION This matter comes before the Court on three motions: (1) the Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6)^filed by Defendant Specialized Loan Services, LLC ("SLS"), (ECF No. 6), (2) the Motion to Remand filed by Plaintiff Charline Wilson-McClain, proceeding pro se, (ECF No. 12); and, (3) the Motion to Vacate Foreclosure Judgment also filed by Wilson-McClain, (ECF No. 14.) Wilson-McClain failed to file a response to the Motion to A Dismiss, and the time to do so has expired. SLS responded to both the Motion to Remand and the Motion to Vacate. (ECF Nos. 7, 15.) Wilson-McClain did not file replies, and the time to do so has expired. The matters are ripe for disposition. The Court exercises jurisdiction pursuant to 28 U.S.C. § 1332.^ The Court dispenses with oral argument because the materials before the ' Federal Rule of Civil Procedure 12(b)(6) allows dismissal for "failure to state a claim upon which relief can be granted." ^SLS provided Wilson-McClain with appropriate notice pursuant toRoseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975). (Mot. Dismiss 2, ECF No. 12.) ^Section 1332 confers subject matter jurisdiction when the parties are diverse and the amount in controversy exceeds $75,000. 28 U.S.C. § 1332(a). For purposes of diversity Dockets.Justia.com
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