§Why CasetextPricing

Wilson v. Citimortgage, Inc. et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support

17 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,716 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. Neitzke v. Williams

    490 U.S. 319 (1989)   Cited 57,476 times
    Holding that "an in forma pauperis pro se complaint may only be dismissed as frivolous ... when the petitioner cannot make any claim with a rational or arguable basis in law or in fact"

  4. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,158 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  5. Jenkins v. BAC Home Loan Servicing, LP

    822 F. Supp. 2d 1369 (M.D. Ga. 2011)   Cited 45 times
    Finding that mortgage servicers are not debt collectors for purposes of the FDCPA

  6. Zeeman v. Black

    156 Ga. App. 82 (Ga. Ct. App. 1980)   Cited 97 times
    Holding that state consumer fraud act covers only wrongs committed in context of public consumer marketplace

  7. Gardner v. TBO Capital LLC

    986 F. Supp. 2d 1324 (N.D. Ga. 2013)   Cited 15 times
    Holding that defendants who are not properly served need not consent to removal

  8. Harrington v. RoundPoint Mortg. Servicing Corp.

    163 F. Supp. 3d 1240 (M.D. Fla. 2016)   Cited 5 times   1 Legal Analyses

    Case No: 2:15-cv-322-FtM-38MRM 02-18-2016 Larry Harrington, Plaintiff, v. RoundPoint Mortgage Servicing Corporation and MultiBank 2010-1 SFR Venture, LLC, Defendants. Chris R. Miltenberger, Law Office of Chris R. Miltenberger, PLLC, Southlake, TX, Brandon J. Hill, Wenzel Fenton Cabassa, PA, Tampa, FL, for Plaintiff. Amanda Proffitt Berry, Angelica M. Fiorentino, Michael D. Starks, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Orlando, FL, for Defendants. SHERI POLSTER CHAPPELL, UNITED STATES

  9. McDaniel v. Wells Fargo Bank, N.A.

    1:14-cv-2337-WSD (N.D. Ga. Mar. 16, 2016)   Cited 3 times
    Dismissing as abandoned the plaintiff's theft by receiving claim because she did "not oppose, or otherwise response to, Defendants' arguments" in support of dismissal of that claim

  10. Dynott v. Nationstar Mortg., LLC

    1:13-cv-1474-WSD (N.D. Ga. Mar. 17, 2014)   Cited 1 times

    1:13-cv-1474-WSD 03-17-2014 GEORGE DYNOTT, Plaintiff, v. NATIONSTAR MORTGAGE, LLC, and MCCALLA RAYMER, LLC, Defendants. WILLIAM S. DUFFEY OPINION AND ORDER This matter is before the Court on Magistrate Judge Justin S. Anand's Final Report and Recommendation ("R&R") [16] recommending that Defendants' Motions to Dismiss [3, 9] be granted in part and denied in part. I. BACKGROUND The parties have not objected to any facts set out in the R&R, and finding no plain error in the Magistrate Judge's factual

  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 357,835 times   950 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 162,084 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. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 20,283 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  14. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 15,203 times   141 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  15. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,309 times   83 Legal Analyses
    Defining debt collector

  16. Section 227 - Restrictions on use of telephone equipment

    47 U.S.C. § 227   Cited 5,769 times   742 Legal Analyses
    Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals

  17. Section 10-1-390 - Short title

    Ga. Code § 10-1-390   Cited 249 times   4 Legal Analyses

    This part shall be known and may be cited as the "Fair Business Practices Act of 1975." OCGA § 10-1-390