Thurmond v. Bayview Loan Servicing, LLC, No. 3:2017cv00196 - Document 21 (E.D. Va. 2017)

Court Description: MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 12/12/2017. (tjoh, )

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Thurmond v. Bayview Loan Servicing, LLC Doc. 21 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division ANN-MICHELLE THURMOND, Plaintiff, V. Civil Action No. 3:17cvl96 BAYVIEW LOAN SERVICING, LLC, Defendant. MEMORANDUM OPINION This matter comes before the Court on Defendant Bayview Loan Servicing, LLC's ("Bayview") Motion to Dismiss,' filed pursuant to Federal Rule ofCivil Procedure 12(b)(6).^ (ECF No. 14.) Thurmond responded,^ (ECF No. 18), and Bayview replied, (ECF No. 19). Accordingly, the matter is ripe for disposition. The Court exercises jurisdiction pursuant to 28 U.S.C. § 1331"* and 28 U.S.C. § 1367.^ The Court dispenses with oral argument because the ' Bayview provided Plaintiff Ann-Michelle Thurmond with appropriate notice pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975). (Mot. Dismiss 2-3, ECF No. 14.) ^Federal Rule of Civil Procedure 12(b)(6) allows dismissal for "failure to state a claim upon which relief can be granted." ^Thurmond filed her response onApril 26,2017, at least eight days past her deadline to respond. See E.D. Va. Loc. Civ. R. 7(K)(1) ("[A] pro se party is entitled to file a response opposing the motion and [it] must be filed within twenty-one (21) days of the date on which the dispositive or partially dispositive motion is filed ); see also E.D. Va. Loc, Civ. R. 7(H) ("[A]ll pleadings, motions, briefs, and filings of any kind must be timely filed with the Clerk's Office of the division in which the case is pending.") Bayview did not object to Thurmond's untimely filing and, given Thurmond's pro se status, the Court will consider her response in ruling on the Motion to Dismiss. ^"The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States." 28 U.S.C. § 1331. Thurmond's Amended Complaintalleges violations of the Fair Debt Collections Practices Act ("FDCPA"), 15 U.S.C. § 1692 etseq. Dockets.Justia.com

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