Mankovskiy v. World Savings Bank, Fsb et alMOTION TO DISMISS FOR FAILURE TO STATE A CLAIMD. Mass.May 8, 20171 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS ) YURIY B. MANKOVSKIY, ) ) Plaintiff, ) ) v. ) Civil Action No. 1:17-cv-10733-GAO ) WORLD SAVINGS BANK, FSB et al., ) ) Defendants. ) ) DEFENDANT WELLS FARGO BANK, N.A.’S RULE 12(b)(6) MOTION TO DISMISS Defendant Wells Fargo Bank, N.A., successor by merger to Wachovia Bank, N.A., successor by merger to Wachovia Mortgage FSB, f/k/a World Savings Bank, FSB (“Wells Fargo”) 1 moves under Fed. R. Civ. P. 12(b)(6) to dismiss the Complaint filed by Plaintiff Yuriy B. Mankovskiy (“Plaintiff”). The Court should dismiss the Complaint because Plaintiff’s insufficient factual pleadings, unclear allegations, and failure to identify an entitlement to relief result in a Complaint that fails to state any claims upon which relief can be granted. In support of this motion, Wells Fargo refers to and relies upon the accompanying memorandum in support. WHEREFORE, Wells Fargo prays that this Court GRANT its Rule 12(b)(6) motion to dismiss, dismiss Plaintiff’s Complaint with prejudice, enter judgment in Wells Fargo’s favor, and grant any other relief that it deems appropriate under the circumstances. 1 Incorrectly identified as “World Savings Bank, FSB” in the Complaint. Case 1:17-cv-10733-GAO Document 9 Filed 05/08/17 Page 1 of 2 2 Respectfully submitted, Wells Fargo Bank, N.A., by its attorneys, /s/ Sean R. Higgins Sean R. Higgins (BBO# 659105) sean.higgins@klgates.com Y. Frank Ren (BBO# 690440) frank.ren@klgates.com K&L Gates LLP State Street Financial Center One Lincoln Street Boston, MA 02111 Tel: (617) 261-3100 Dated: May 8, 2017 Fax: (617) 261-3175 LOCAL RULE 7.1 CERTIFICATION I, Sean R. Higgins, hereby certify that prior to filing this motion, I conferred with Plaintiff pursuant to Local Rule 7.1 in an attempt to resolve the issues contained within the motion and, despite good-faith efforts, we did not reach agreement on the requested relief. Dated: May 8, 2017 /s/ Sean R. Higgins Sean R. Higgins CERTIFICATE OF SERVICE I, Sean R. Higgins, certify that this document, filed through the ECF system, will be sent electronically to the registered participants as identified on the Notice of Electronic Filing and paper copies will be sent via first class mail, postage prepaid, to those indicated as non-registered participants. Dated: May 8, 2017 /s/ Sean R. Higgins Sean R. Higgins Case 1:17-cv-10733-GAO Document 9 Filed 05/08/17 Page 2 of 2
