Gibbs v. Ocwen Mortgage Corporation

REPLY BRIEF re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

N.D. Ga.March 10, 2017

1 WPB 383963162v1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION AISHA A. GIBBS, Plaintiff, ) ) ) ) CIVIL ACTION FILE NO. 1:16-CV-01459-ODE-LTW v. ) ) OCWEN MORTGAGE CORPORATION dba OCWEN LOAN SERVICING, Defendant. ) ) ) ) ) ) DEFENDANT’S REPLY IN FURTHER SUPPORT OF ITS MOTION TO DISMISS Defendant Ocwen Loan Servicing, LLC, incorrectly sued herein as Ocwen Mortgage Corporation dba Ocwen Loan Servicing (“Ocwen” or “Defendant”), pursuant to Fed. R. Civ. P. 12(b)(6), hereby submits this Reply in Further Support of its Motion (the “Motion”) to Dismiss the Second Amended Complaint (“Complaint”) filed by Plaintiff Aisha A. Gibbs’ (“Plaintiff”) in the above-styled action, showing the Court as follows: In her Response [Dkt. 16], Plaintiff puts forth a running 8-page narrative containing vague, conclusory allegations and assertions of fact that do not respond to any of the legal arguments put forth by Ocwen in its Memorandum of Law in Case 1:16-cv-01459-ODE-LTW Document 17 Filed 03/10/17 Page 1 of 4 2 WPB 383963162v1 Support of its Motion to Dismiss. Plaintiff repeats many of the same facts that are in the Complaint, adds some that are new, and then circularly incorporates the Complaint itself, concluding that, “The Plaintiff stated all of her claims, reasons, arguments, facts and included evidence/exhibits to support all of her Counts in her Second Amended Complaint…” Response, p. 8. Plaintiff fails, however, to cite any case law, statutes, or other legal authority in the Response that shows her Complaint states a claim. Plaintiff does not articulate how she was damaged by any action or inaction of Ocwen, and fails to show how her Complaint fully sets forth the elements of her purported claims such that they can survive Ocwen’s Motion to Dismiss. Ocwen therefore stands by the arguments and legal authority set forth in its Memorandum of Law in Support of its Motion, and respectfully requests that the Complaint be dismissed for failure to state a claim upon which relief may be granted. WHEREFORE, Ocwen requests that the Court: (i) grant the Motion to Dismiss, and the relief requested therein; (ii) dismiss this action, with prejudice; and (iii) grant Ocwen such other and further relief as the Court deems just and appropriate. Case 1:16-cv-01459-ODE-LTW Document 17 Filed 03/10/17 Page 2 of 4 3 WPB 383963162v1 Counsel certifies that the foregoing has been prepared using Times New Roman font, 14 point, in accordance with Local Rules 5.1(C) and 7.1(D). Dated: March 10, 2017 Respectfully submitted, /s/ Sean A. Gordon Sean A. Gordon Georgia Bar No. 777350 Charles H. Crawford III Georgia Bar No. 153073 GREENBERG TRAURIG, LLP Terminus 200 3333 Piedmont Road, N.E. Suite 2500 Atlanta, Georgia 30305 Telephone: (678) 553-2100 Facsimile: (678) 553-2212 gordonsa@gtlaw.com crawfordc@gtlaw.com Attorneys for Defendant Case 1:16-cv-01459-ODE-LTW Document 17 Filed 03/10/17 Page 3 of 4 4 WPB 383963162v1 CERTIFICATE OF SERVICE This is to certify that on March 10, 2017 I served a copy of the foregoing Memorandum of Law in Support of Motion to Dismiss upon the following party to this action by depositing same in the United States Mail with sufficient postage thereon and addressed to: Aisha A. Gibbs 2223 Polar Rock Ave. Atlanta, Georgia 30315 /s/ Sean A. Gordon Charles H. Crawford III Georgia Bar No. 153073 GREENBERG TRAURIG, LLP Terminus 200 3333 Piedmont Road, N.E. Suite 2500 Atlanta, Georgia 30305 Telephone: (678) 553-2100 Facsimile: (678) 553-2212 crawfordc@gtlaw.com One of the Attorneys for Defendant Case 1:16-cv-01459-ODE-LTW Document 17 Filed 03/10/17 Page 4 of 4