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Bartok-Bennett v. Pulte Mortgage, Inc.

BRIEF in Support of 9 MOTION to Dismiss Plaintiff's Complaint

50 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 269,029 times   281 Legal Analyses
    Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 281,939 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Univ. of Tex. Sw. Med. Ctr. v. Nassar

    570 U.S. 338 (2013)   Cited 5,473 times   78 Legal Analyses
    Holding that a plaintiff must establish but-for causation in a Title VII retaliation claim

  4. Gross v. FBL Financial Services, Inc.

    557 U.S. 167 (2009)   Cited 4,638 times   83 Legal Analyses
    Holding that a plaintiff must establish but-for causation in an ADEA disparate treatment claim

  5. Hall v. Bellmon

    935 F.2d 1106 (10th Cir. 1991)   Cited 17,718 times
    Holding for pro se litigants that "conclusory allegations without supporting factual averments are insufficient to state a claim on which relief can be based"

  6. Robbins v. Oklahoma

    519 F.3d 1242 (10th Cir. 2008)   Cited 6,112 times   1 Legal Analyses
    Holding that collective allegations do not satisfy a plaintiff's "burden . . . to provide fair notice of the grounds for the claims made against each of the defendants"

  7. San Diego Unions v. Garmon

    359 U.S. 236 (1959)   Cited 2,568 times   33 Legal Analyses
    Holding that "the States as well as the federal court must defer to the exclusive competence of the National Labor Relations Board" if "an activity is arguably subject to § 7 or § 8 of the [NLRA]"

  8. Lundy v. Catholic Health Sys. of Long Island Inc.

    711 F.3d 106 (2d Cir. 2013)   Cited 1,035 times   10 Legal Analyses
    Holding that an agency relationship requires pleading of facts showing that agent "had apparent or actual authority to bind" principal, and mere conclusory statements of agency status are insufficient to state a claim

  9. Mann v. Boatwright

    477 F.3d 1140 (10th Cir. 2007)   Cited 816 times
    Holding Rooker-Feldman barred constitutional claims against individual defendants for their "complicity with the probate court's orders"

  10. Mobley v. McCormick

    40 F.3d 337 (10th Cir. 1994)   Cited 1,128 times
    Holding the Ehrenhaus factors apply to Rule 41(b) involuntary dismissals

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 363,942 times   963 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 165,126 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 207 - Maximum hours

    29 U.S.C. § 207   Cited 10,878 times   233 Legal Analyses
    Establishing overtime rules

  14. Section 206 - Minimum wage

    29 U.S.C. § 206   Cited 9,130 times   103 Legal Analyses
    Asking only whether the alleged inequality resulted from “any other factor other than sex”

  15. Section 160 - Prevention of unfair labor practices

    29 U.S.C. § 160   Cited 7,080 times   24 Legal Analyses
    Finding that the procedures for unfair labor practice cases mandated by R.C. 4117.12 and 4117.13 are substantively identical to those established in NLRA to govern unfair labor practice cases before NLRB

  16. Section 1602 - Definitions and rules of construction

    15 U.S.C. § 1602   Cited 1,915 times   23 Legal Analyses
    Granting Federal Reserve authority to issue rules to carry out the CARD Act

  17. Section 2607 - Prohibition against kickbacks and unearned fees

    12 U.S.C. § 2607   Cited 1,333 times   53 Legal Analyses
    Holding persons who violate § 2607 jointly and severally liable to persons charged with settlement services

  18. Section 2603 - Uniform settlement statement

    12 U.S.C. § 2603   Cited 231 times   2 Legal Analyses
    Mandating that the HUD-1 "shall conspicuously and clearly itemize all charges imposed upon the borrower"

  19. Section 2604 - Home buying information booklets

    12 U.S.C. § 2604   Cited 183 times

    (a) Preparation and distribution The Director of the Bureau of Consumer Financial Protection (hereafter in this section referred to as the "Director") shall prepare, at least once every 5 years, a booklet to help consumers applying for federally related mortgage loans to understand the nature and costs of real estate settlement services. The Director shall prepare the booklet in various languages and cultural styles, as the Director determines to be appropriate, so that the booklet is understandable

  20. Section 2602 - Amount of tax

    26 U.S.C. § 2602   Cited 6 times

    The amount of the tax imposed by section 2601 is- (1) the taxable amount (determined under subchapter C), multiplied by (2) the applicable rate (determined under subchapter E). 26 U.S.C. § 2602 Added Pub. L. 94-455, title XX, §2006(a), Oct. 4, 1976, 90 Stat. 1879; amended Pub. L. 95-600, title VII, §702(h)(2), (n)(4), Nov. 6, 1978, 92 Stat. 2931, 2936; Pub. L. 97-34, title IV, §403(a)(2)(B), Aug. 13, 1981, 95 Stat. 301; Pub. L. 99-514, title XIV, §1431(a), Oct. 22, 1986, 100 Stat. 2718. EDITORIAL

  21. Section 1024.17 - Escrow accounts

    12 C.F.R. § 1024.17   Cited 67 times   9 Legal Analyses
    Describing the content and format of initial escrow account statements

  22. Section 1024.2 - Definitions

    12 C.F.R. § 1024.2   Cited 65 times   3 Legal Analyses
    Mirroring the definition in Regulation X

  23. Section 1024.33 - Mortgage servicing transfers

    12 C.F.R. § 1024.33   Cited 34 times   1 Legal Analyses

    (a)Servicing disclosure statement. Within three days (excluding legal public holidays, Saturdays, and Sundays) after a person applies for a reverse mortgage transaction, the lender, mortgage broker who anticipates using table funding, or dealer in a first-lien dealer loan shall provide to the person a servicing disclosure statement that states whether the servicing of the mortgage loan may be assigned, sold, or transferred to any other person at any time. Appendix MS-1 of this part contains a model

  24. Section 1024.30 - Scope

    12 C.F.R. § 1024.30   Cited 32 times   8 Legal Analyses
    Explaining that " confirmed successor in interest shall be considered a borrower for purposes of § 1024.17" and § 1024.30 et seq. of Regulation X

  25. Section 1024.32 - General disclosure requirements

    12 C.F.R. § 1024.32   Cited 12 times

    (a)Disclosure requirements - (1)Form of disclosures. Except as otherwise provided in this subpart, disclosures required under this subpart must be clear and conspicuous, in writing, and in a form that a recipient may keep. The disclosures required by this subpart may be provided in electronic form, subject to compliance with the consumer consent and other applicable provisions of the E-Sign Act, as set forth in § 1024.3 . A servicer may use commonly accepted or readily understandable abbreviations

  26. Section 1024.15 - Affiliated business arrangements

    12 C.F.R. § 1024.15   Cited 7 times   4 Legal Analyses
    Exempting affiliated business arrangements from "Section 8 of RESPA (12 U.S.C. 2607)"

  27. Section 1024.6 - Special information booklet at time of loan application

    12 C.F.R. § 1024.6   Cited 4 times

    (a)Lender to provide special information booklet. Subject to the exceptions set forth in this paragraph, the lender shall provide a copy of the special information booklet to a person from whom the lender receives, or for whom the lender prepares, a written application for a federally related mortgage loan. When two or more persons apply together for a loan, the lender is in compliance if the lender provides a copy of the booklet to one of the persons applying. (1) The lender shall provide the special