Houck v. US Bank NA et al
| David I Houck |
| US Bank NA, Wells Fargo Bank NA and Does 1 through 100, inclusive |
| 1:2015cv10042 |
| December 24, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Alison J. Nathan |
| Other Contract |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
55
MEMORANDUM & ORDER terminating 26 Letter Motion to Continue; denying as moot 9 Motion to Transfer Case; granting 11 Motion to Dismiss; denying as moot 13 Motion to Strike. The Court grants Defendants' unopposed request for judic ial notice with respect to Exhibits F through L, and it denies the request as to the other exhibits as moot. Defendants' motion to dismiss is granted because (1) Plaintiff's challenges to the validity of his mortgage are barred by res judicata, (2) Plaintiff suffered no injury by virtue of the assignments of his mortgage, and (3) Plaintiff does not, and cannot, allege that Defendants' are "debt collectors" subject to the FDCPA. Plaintiff's request for leave to amend is denied, see Opp. paragraph 49, because amendment would be futile and would cause unnecessary delay. See Milanese v. Rust-Oleum Corp., 244 F.3d 104, 110 (2d Cir. 2001); Dkt No. 21 (order from this Court stating that failure to cure the defects in a complaint in response to the motion to dismiss "may well constitute a waiver of Plaintiffs right" to file another complaint). In light of the Court's resolution of the motion to dismiss, Defendants' motions to t ransfer and strike are denied as moot. This resolves Docket Numbers 9, 11, 13, 17, 26, 39, and 43. The Clerk of the Court is directed to close the case. (As further set forth in this Memorandum & Order.) (Signed by Judge Alison J. Nathan on 9/30/2016) (mro)
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