DAVIS v. BOWENS, et al
| DARIUS E. DAVIS |
| AURORA LOAN SERVICES, LLC, ROGERS TOWNSEND & THOMAS, P.C., FLORENCE A. BOWENS, RISHANDA A. FOWLER, BRIDGEFIELD MORTGAGE CORPORATION and WELLS FARGO BANK, N.A. |
| 1:2011cv00691 |
| August 29, 2011 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Durham |
| UNASSIGNED |
| L. PATRICK AULD |
| All Other Real Property |
| 15 U.S.C. ยง 1692 |
| Plaintiff |
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Filing
60
ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 9/25/2012 adopting 55 Magistrate Judge's Recommendation; that Defendants Wells Fargo Bank, N.A. and Aurora Loan Services, LLC's Motion to Dismiss Plaintiff's Amended Complaint [Doc. # 30 ], Defendant Florence A. Bowens' Motion to Dismiss Plaintiff's Amended Complaint [Doc. # 37 ], and Defendant Rogers Townsend & Thomas, P.C. f/k/a Kellam & Pettit, P.A.'s Motion to Dismiss Plaintiff's First Amended Complaint [ Doc. # 40 ] are hereby GRANTED IN PART, as set forth herein. Specifically, IT IS ORDERED that Plaintiff's federal claims alleging violations of the Fair Debt Collection Practices Act and the Real Estate Settlement Procedures Act are her eby DISMISSED. Furthermore, pursuant to 28 U.S.C. § 1367(c)(3), the Court declines to exercise supplemental jurisdiction over all remaining state law claims, and, therefore, IT IS ORDERED that Plaintiff's state law claims are here by DISMISSED WITHOUT PREJUDICE. FURTHER that Defendant Bridgefield Mortgage Corporation f/k/a Resmae Mortgage Corporation's Motion to Dismiss Plaintiff's Amended Complaint [Doc. # 33 ] is hereby DENIED AS MOOT, WITHOUT PR EJUDICE to Bridgefield Mortgage Corporation refiling its Motion should Plaintiff reinstate a claim against Bridgefield Mortgage Corporation based on the facts alleged in the Amended Complaint. FINALLY that, pursuant to Federal Rule of Civil Procedure 4(m), all claims against Defendant Rishanda A. Fowler f/k/a Rishanda A. Davis are hereby DISMISSED WITHOUT PREJUDICE. A Judgment will be entered contemporaneously herewith. (Sheets, Jamie)
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Filing
55
MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 7/23/2012; RECOMMENDING that Defendants Wells Fargo Bank, N.A. and Aurora Loan Services, LLC's Motion to Dismiss Plaintiff 9;s Amended Complaint (Docket Entry 30 ); Defendant Florence A. Bowens [sic] Motion to Dismiss Plaintiff's Amended Complaint (Docket Entry 37 ); and Defendant Rogers Townsend & Thomas, P.C., f/k/a Kellam & Pettit, P.A.'s Motion to Dismi ss Plaintiff's First Amended Complaint (Docket Entry 40 ) be granted in part in that this Court should dismiss Plaintiff's federal claims for failure to state a claim under Fed. R. Civ. P. 12(b)(6) and should exercise its discretion und er 28 U.S.C. § 1367(c)(3) to dismiss Plaintiff's state law claims without prejudice. FURTHER that Defendant Bridgefield Mortgage Corporation's Motion to Dismiss Plainitff's [sic] Amended Complaint (Docket Entry 33 ) be denied as moot, but without prejudice to the re-filing of said Motion should Plaintiff reinstate a claim against Bridgefield Mortgage Corporation based on the facts alleged in the Amended Complaint. FURTHER that all claims against Defendant Fowler be dismissed without prejudice under Fed. R. Civ. P. 4(m). (Sheets, Jamie)
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