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Yellen v. U.S. Bank National Association

United States District Court, District of Columbia

March 19, 2018

MIKE YELLEN et al., Plaintiffs,
v.
U.S. BANK, NATIONAL ASSOCIATION et al., Defendants.

          MEMORANDUM OPINION

          TREVOR N. MCFADDEN United States District Judge.

         Plaintiffs, six individuals proceeding pro se, have filed an Amended Complaint against 13 defendants, which include seven corporate entities, primarily banks; “Steve Munchi, Principal Owner of Onewest Bank;” “John/Jane Does 1-100 Corporation;” “John/Jane Does 1-100 Partnerships;” “John/Jane Does 1-100 Non-Profit Entities;” and “John/Jane Does 1-100 Government Entities.” Am. Compl. 1-2, ECF No. 33. The Plaintiffs allege misconduct related to mortgage loan servicing, mortgage loan origination, and bankruptcy proceedings. Id. 8-18.

         All of the bank defendants have filed motions to dismiss. Upon consideration of the pleadings, relevant law, and related legal memoranda in opposition and in support, I find that the Plaintiffs have failed to adequately plead sufficient facts to establish that this Court has personal jurisdiction over defendants Bank of America, N.A. and Countrywide Home Loans, Inc.; and have failed to state a claim upon which relief can be granted with respect to defendants Deutsche Bank National Trust Company, U.S. Bank, National Association, One West Bank F.S.B., and Security National Mortgage Company. Furthermore, I find that the Plaintiffs have failed to state a claim against the remaining defendants-“RCO Hawaii, L.L.L.C. and its agent[s] Glenn Fukuhara and Brett Ryan;” “Steve Munchi, Principal Owner of Onewest Bank;” and the John/Jane Doe entities. Accordingly, the Defendants' motions will be granted, and the Amended Complaint will be dismissed without prejudice.

         I. Background

         The Plaintiffs are six individuals who appear to have residential mortgages serviced by certain of the defendants, some of which may be in foreclosure. See Pls. Opp. to Defs.' Mot. to Dismiss (“Pls. Opp.”) 5-6, ECF No. 55. The Plaintiffs' original complaint brought claims against numerous financial institutions and 100 John and Jane Doe entities. Compl. 1-3, ECF No. 1. After a half dozen defendants filed motions to dismiss, the Court granted the Plaintiffs' motion to amend the complaint. Order, ECF No. 29.

         The Plaintiffs' renewed complaint dropped nearly two dozen individuals as plaintiffs and amended the named defendants in the suit.[1] The Amended Complaint alleges eight counts of action, which are described as: “unfair and deceptive consumer practices with respect to loan servicing” (Count 1), “unfair and deceptive consumer practices with respect to foreclosure processing” (Count 2), “unfair and deceptive consumer practices with respect to loan origination” (Count 3), “violations of the False Claims Act” (Count 4), “declaratory judgment under 28 U.S.C. §§ 2201 and 2202” (Count 5), “damages under common law” (Count 6), failure to follow “procedures under [the] Fair Debt Collection Practices Act” (Count 7), and “unfair and deceptive business act practices” (Count 8). Each bank defendant has filed a motion to dismiss.

         Defendants Bank of America, N.A. and Countrywide Home Loans, Inc. have moved to dismiss the complaint due to lack of personal jurisdiction and failure to state a claim upon which relief can be granted. Mem. of P. & A. in Supp. of Bank of America, N.A. and Countrywide Home Loans, Inc.'s Mot. to Dismiss Pls.' Am. Compl. (“BoA and Countrywide Mot. to Dismiss”), ECF No. 44.

         Defendant Deutsche Bank National Trust Company has moved to dismiss for failure to state a claim upon which relief can be granted. Mem. of P. & A. in Supp. of Deutsche Bank National Trust Company's Mot. to Dismiss, ECF No. 45-1.

         Ocwen Loan Servicing, LLC, as attorney in fact for U.S. Bank National Association and One West Bank F.S.B., has moved to dismiss for failure to state a claim upon which relief can be granted. Mem. of P. & A. in Supp. of Ocwen Loan Servicing, LLC as Attorney in Fact for U.S. Bank, N.A. and One West Bank F.S.B. (“Ocwen Mot. to Dismiss”), ECF No. 46-1.

         Defendant SecurityNational Mortgage Company has moved to dismiss for failure to state a claim upon which relief can be granted. Mem. of P. & A. in Supp. of SecurityNational Mortgage Company's Mot. to Dismiss, ECF No. 52-1.

         II. Legal Standard

         A. Failure to Establish Personal Jurisdiction

         For a defendant to be subject to suit in a particular forum, the defendant must “have sufficient minimum contacts with [the forum] such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice.'” Int'l Shoe Co. v. Washington, 326 U.S. 310, 316 (1945). A defendant who lacks the sufficient contacts with the forum may move to dismiss for lack of personal jurisdiction. Fed.R.Civ.P. 12(b)(2). The plaintiff bears the burden of making a prima facie showing of specific facts sufficient to establish personal jurisdiction. Reuber v. United States, 750 F.2d 1039, 1052 (D.C. Cir. 1984). In considering a motion brought under Federal Rule of Civil Procedure 12(b)(2), the court is not required to treat as true all of the plaintiff's allegations; however, the court must resolve any factual discrepancies in establishing personal jurisdiction in favor of the plaintiff. See Crane v. New York Zoological Soc'y, 894 F.2d 454, 456 (D.C. Cir. 1990).

         B. Failure to State a Claim Upon Which ...


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