Park
Park v. Bank of America, N.A.
Opinion
Lead Opinion
Battaglia, J.
ORDER GRANTING PLAINTIFFS’ MOTION TO REMAND AND DENYING AS MOOT DEFENDANTS’ MOTION TO DISMISS UNDER 12(b)(6)
Presently before the Court is a motion to remand (Doc No. 10), filed by Plaintiffs Sean M. Park and Michelle Park (jointly referred to as “Plaintiffs”), and a motion to dismiss pursuant to Rule 12(b)(6) (Doc. No. 15) filed by Defendants Wells Fargo Bank, N.A. (“Wells Fargo”), Bank of America, N.A. (“Bank of America”), Wells Fargo Home Mortgage (“WFHM”), 1 and First American Trustee Servicing Solutions LLC (f/k/a First American Loanstar Trustee Services) (“First American”) 2 *978 (jointly referred to as “Defendants”). This motion is suitable for determination on the papers and without oral argument in accordance with Civil Local Rule 7.1.d.l. Accordingly, no appearances are required and the motion will be deemed submitted as of this date. Upon consideration of the motions and the parties’ arguments in support and opposition, Plaintiffs’ motion to remand is GRANTED and Defendants’ Rule 12(b)(6) motion to dismiss is DENIED AS MOOT.
I. FACTUAL ALLEGATIONS
This action arises from a mortgage transaction. (Defs.’ Not. Removal Ex. A (“Complaint”), Doc. No. 1.) On November 4,…