Daniels
Daniels v. SCME Mortgage Bankers, Inc.
Opinion
Opinion
Wilson, J.
ORDER GRANTING DEFENDANT SAXON MORTGAGE SERVICES, INC.’S MOTION TO DISMISS PLAINTIFF’S SECOND AMENDED COMPLAINT [48]
Defendant’s Motion is suitable to a determination without an oral hearing. Fed.R.Civ.P. 78(b); Local Rule 7-15. The hearing scheduled for Monday, January 25, 2010 is hereby VACATED.
I. INTRODUCTION
The Court previously granted Defendant’s Motion to Dismiss and warned the Plaintiff (who is represented by counsel) to think carefully about whether his complaint includes the appropriate causes of action and named defendants, and generally satisfies the requirements of Rules 8 and 11 of the Federal Rules of Civil Procedure. Plaintiff then filed an amended complaint (the Second Amended Complaint).
Upon reviewing the Second Amended Complaint, it appears that Plaintiff has not adequately alleged a cause of action under the Truth in Lending Act (“TILA”) or Real Estate Settlement Procedures Act (“RESPA”). Because Plaintiff has already filed three separate complaints in this action, and because both Defendant’s first Motion to Dismiss and this Court’s prior Order put Plaintiff on notice of the requirements of TILA and RESPA, the Court GRANTS Defendant’s Motion to Dismiss…