From Casetext: Smarter Legal Research

Tatone v. SunTrust Mortg., Inc.

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Mar 7, 2012
Civ. No. 11-1862 (MJD/JSM) (D. Minn. Mar. 7, 2012)
Download
PDF
Check
Treatment

Summary

applying Minnesota law

Summary of this case from In re Municipal Stormwater Pond
See 7 Summaries

Opinion

Civ. No. 11-1862 (MJD/JSM)

03-07-2012

AARON TATONE, Plaintiff, v. SUNTRUST MORTGAGE, INC., NATIONSTAR MORTGAGE, LLC. et.al.

Michael J. Davis

ORDER

The above matter came on before the Court on the Report and Recommendation of United States Magistrate Judge Janie S. Mayeron, dated February 13, 2012. No objections have been filed to that Report and Recommendation in the time period permitted.

Based on the Report and Recommendation of the Magistrate Judge, upon all the files, records and proceedings herein, the Court now makes and enters the following Order.

IT IS HEREBY ORDERED that:

1. Defendant Nationstar Mortgage, LLC's Motion to Dismiss with Prejudice or in the Alternative for Summary Judgment [Docket No. 2] is GRANTED and all claims against Nationstar are hereby dismissed with prejudice.

2. Defendant SunTrust Mortgage, Inc.'s Motion to Dismiss with Prejudice [Docket No. 4] is GRANTED in part and denied in part as follows:

a. Counts One through Six and Eight through Twelve are hereby dismissed with prejudice;

b. Count Seven (fraud) is hereby dismissed with prejudice to the extent the plaintiff has pled "fraud in the factum;"

c. Count Seven (common law fraud) is dismissed without prejudice.

3. All claims against Assured Mortgage Group LLC (a/k/a Anchor Home Finance, LLC), Burton Joseph, Investment Property Advisors, Inc., Brandon Flavin and Real Source Title, LLC are hereby dismissed without prejudice.

LET JUDGMENT BE ENTERED ACCORDINGLY.

______________________

Michael J. Davis

Chief Judge

United States District Court

Summaries of

Tatone v. SunTrust Mortg., Inc.

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Mar 7, 2012
Civ. No. 11-1862 (MJD/JSM) (D. Minn. Mar. 7, 2012)

applying Minnesota law

Summary of this case from In re Municipal Stormwater Pond

In Tatone, Judge Davis found that "[a] complaint which lumps all defendants together and does not sufficiently allege who did what to whom, fails to state a claim for relief because it does not provide fair notice of the grounds for the claims made against a particular defendant."

Summary of this case from Clancy v. Vacationaire Estates, Inc.

applying Rule 8 of the Federal Rules of Civil Procedure

Summary of this case from Jackson v. Dayton

noting that dismissal is with prejudice "when a complaint is so deficient or defective that the court is convinced that its defects cannot be cured through re-pleading"

Summary of this case from Hamilton-Warwick v. Volkswagen Grp. of Am.

dismissing complaint where plaintiff "cut and paste[d] the elements of a cause of action into a complaint" and alleged a claim that "border[ed] on the frivolous" in an effort to "throw up [claims] against the wall to see [what] would stick"

Summary of this case from City of Wyo. v. Procter & Gamble Co.

explaining with respect to conspiracy claim that a plaintiff must allege facts with sufficient particularity

Summary of this case from Natco Pharma Ltd. v. Gilead Scis., Inc.

dismissing with prejudice where claims fail as a matter of law

Summary of this case from Rickmyer v. Browne
Case details for

Tatone v. SunTrust Mortg., Inc.

Case Details

Full title:AARON TATONE, Plaintiff, v. SUNTRUST MORTGAGE, INC., NATIONSTAR MORTGAGE…

Court:UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Date published: Mar 7, 2012

Citations

Civ. No. 11-1862 (MJD/JSM) (D. Minn. Mar. 7, 2012)

Citing Cases

Mitchell v. Kurkowski

Neither of the two cases Defendants mentioned in response to the Court's question on the first issue…

Winburn v. Nagy

) (quoting Tatone v. SunTrust Mortg., Inc., 857 F.Supp.2d 821, 831 (D. Minn.…

54 Citing Cases