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    Hooker V Northwest Trustee Motion To Dismiss 14 Oct 2010

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    William A. Roper Jr.
    This document is a motion to dismiss filed by Bank of America and Mortgage Electronic Registration Systems in a court case. The motion argues that the plaintiffs' amended complaint fails to state a claim and provide a short and plain statement as required by rules of civil procedure.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd

    Hooker V Northwest Trustee Motion To Dismiss 14 Oct 2010

    Uploaded by

    William A. Roper Jr.
    292 views2 pages
    This document is a motion to dismiss filed by Bank of America and Mortgage Electronic Registration Systems in a court case. The motion argues that the plaintiffs' amended complaint fails to state a claim and provide a short and plain statement as required by rules of civil procedure.

    Original Description:

    The is defendant's motion to dismiss in the case Hooker v. Northwest Trustee Services, Inc. et al, Case No. 10-3111, a matter decided by the U.S. District Court for the District of Oregon. The defendants removed this case from Oregon State Court to U.S. District Court and then sought to have the case dismissed. This motion was filed on October 14, 2010. The Judge found for the Plaintiffs Ivan and Katherine Hooker on May 25, 2011.

    Original Title

    Hooker v Northwest Trustee Motion to Dismiss 14 Oct 2010

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    © Attribution Non-Commercial (BY-NC)

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    This document is a motion to dismiss filed by Bank of America and Mortgage Electronic Registration Systems in a court case. The motion argues that the plaintiffs' amended complaint fails to state a claim and provide a short and plain statement as required by rules of civil procedure.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    292 views2 pages

    Hooker V Northwest Trustee Motion To Dismiss 14 Oct 2010

    Uploaded by

    William A. Roper Jr.
    This document is a motion to dismiss filed by Bank of America and Mortgage Electronic Registration Systems in a court case. The motion argues that the plaintiffs' amended complaint fails to state a claim and provide a short and plain statement as required by rules of civil procedure.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    Case 1:10-cv-03111-PA Document 8 Filed 10/14/10 Page 1 of 2 Page ID#: 70

    Stephen P. McCarthy, OSB No. 894152


    [email protected]
    Pilar C. French, OSB No. 962880
    [email protected]
    LANE POWELL PC
    601 SW Second Avenue, Suite 2100
    Portland, Oregon 97204-3158
    Telephone: 503.778.2100
    Facsimile: 503.778.2200

    Attorneys for Defendants Bank of America, NA and


    Mortgage Electronic Registration Systems, Inc.

    UNITED STATES DISTRICT COURT

    DISTRICT OF OREGON

    MEDFORD DIVISION

    IVAN HOOKER and KATHERINE Case No. 10-CV-3111-PA


    HOOKER,

    Plaintiffs, Defendants Bank of America, NA and


    Mortgage Electronic Registration
    v. Systems, Inc.’s
    MOTION TO DISMISS
    NORTHWEST TRUSTEE SERVICES,
    INC.; BANK OF AMERICA, NA; Pursuant to Fed. R. Civ. P. 12(b)(6) and 8(a)
    MORTGAGE ELECTRONIC
    REGISTRATION SYSTEMS, INC., (ORAL ARGUMENT REQUESTED)

    Defendants.

    LR 7.1(a) CERTIFICATION

    Counsel for Defendants Bank of America, NA and Mortgage Electronic Registration

    Systems, Inc. (collectively “Bank Defendants”) certify that before filing this motion he conferred

    in good faith with plaintiffs’ counsel through a personal telephone conference and that the parties

    were unable to resolve this dispute.

    PAGE 1 - MOTION TO DISMISS

    LANE POWELL PC
    601 SW SECOND AVENUE, SUITE 2100
    707220.0017/880230.1 PORTLAND, OREGON 97204-3158
    503.778.2100 FAX: 503.778.2200
    Case 1:10-cv-03111-PA Document 8 Filed 10/14/10 Page 2 of 2 Page ID#: 71

    MOTION

    Bank Defendants move, pursuant to Rule 12(b)(6) of the Federal Rules of Civil

    Procedure, to dismiss plaintiffs’ amended complaint for failure to state a claim for relief. Bank

    Defendants also move to dismiss for failure to provide “a short and plain statement of the claim

    showing the pleader is entitled to relief” pursuant to Rule 8(a). Bank Defendants further move

    the court for an order allowing recovery of their reasonable attorney fees pursuant to the terms of

    the parties’ contractual agreements and ORS 20.105.

    In support of this Motion, Bank Defendants rely upon the Memorandum in Support of
    their Motion to Dismiss, the Request for Judicial Notice by the Bank Defendants, the Declaration

    of Stephen P. McCarthy in Support of Request for Judicial Notice, and the pleadings filed in this

    action.

    DATED: October 14, 2010


    LANE POWELL PC

    By s/ Stephen P. McCarthy
    Stephen P. McCarthy, OSB No. 894152
    Pilar C. French, OSB No. 962880
    Telephone: 503.778.2100
    Attorneys for Defendants Bank of America, NA and
    Mortgage Electronic Registration Systems, Inc.

    PAGE 2 - MOTION TO DISMISS

    LANE POWELL PC
    601 SW SECOND AVENUE, SUITE 2100
    707220.0017/880230.1 PORTLAND, OREGON 97204-3158
    503.778.2100 FAX: 503.778.2200

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