Thompson, Sr. et al v. The Bank Of New York Mellon et al
| Pamela A. Thompson and Jerry Thompson, Sr. |
| Mortgage Electronic Registration Systems, Inc., Recontrust Company and The Bank Of New York Mellon |
| 3:2012cv00066 |
| January 12, 2012 |
| US District Court for the District of Oregon |
| Portland Office |
| Michael W. Mosman |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1332 Diversity-Contract Dispute |
| None |
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Filing
21
OPINION AND ORDER: I GRANT the motion to dismiss 9 and the request for judicial notice 11 and dismiss plaintiffs complaint in its entirety. The claims are dismissed with prejudice because all but the improper accounting claim are based, e ither directly or indirectly, on the theory that MERS is not a valid beneficiary under Oregon law. The improper accounting claim is dismissed with prejudice because, despite several opportunities, plaintiffs have not alleged in anything more than a conculsory fashion that there was an error in the Notice of Default and Election to Sell. Signed on 4/12/12 by Judge Michael W. Mosman. (dls)
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