Tibbetts
Tibbetts v. Nationstar Mortgage LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 STEVE F. TIBBETTS and No. 2:23-cv-00596-JAM-CKD
TABERLYN TIBBETTS,
10 Plaintiffs,
ORDER DENYING DEFENDANT
v.
NATIONSTAR’S MOTION TO DISMISS
KELLER MORTGAGE, LLC, dba
KELLER MORTGAGE, ET AL.,
14 Defendants. 15 Before the Court is Defendant Nationstar Mortgage LLC’s motion to dismiss Plaintiffs’ claims against Nationstar for defamation and injunctive relief. See Mot. to Dismiss (“Mot.”), ECF No. 34. Plaintiffs filed an opposition to Nationstar’s motion. Opp’n., ECF No. 40. Plaintiffs argue Nationstar has filed answers against Plaintiffs’ previous complaints containing “the exact same language” as the currently active third amended complaint (“TAC”). Id. Plaintiffs contend the TAC does not revive Nationstar’s right to file a post-answer Rule 12(b)(6) motion. Id. Nationstar did not file a reply. For the reasons set forth below, the Court denies Nationstar’s motion.1 27 1This motion is determined to be suitable for decision without oral argument. E.D. Cal. L.R. 230(g). …