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U.S. National Bank Association v. Hider

Superior Court of Maine, Cumberland

April 26, 2018

U.S. NATIONAL BANK ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR NRZ PASS-THROUGH TRUST VIII, Plaintiff
v.
HEATHER R. HIDER and BENJAMIN K. HIDER, Defendants

          ORDER

          Nancy Mills Justice, Superior Court

         Before the court are three motions: (I) plaintiffs motion for judgment on the pleadings on defendants' counterclaim; (2) defendant's third motion to dismiss the complaint; and plaintiff's motion to strike one witness from defendant's witness list.

         Plaintiff's Motion for Judgment on the Pleadings on Defendants' Counterclaims

         In seven of their twelve claims, defendants allege conduct on the part of "plaintiff and/or its predecessors in interest." (Counterclaim, Counts I-V, VII, IX.) In one count, defendants allege conduct on the part of the "originator of the loan and its co-conspirators." (Counterclaim, Count IV.) Defendants do not allege that plaintiff expressly assumed liability for the conduct of others, who are unnamed in the counterclaim. See Deutsche Bank v. Gregory-Boutot. No. CV085003138S, 2009 Conn. Super. LEXIS 2140*20 (July 15, 2009). Three of defendants'claims do not constitute causes of action. (Counterclaim, Counts VI, VII, XI.) As discussed below, other claims are barred by the statute of limitations. In all claims, defendants have failed to state a cause of action.

         Judgment is entered in favor of Plaintiff Nationstar Mortgage LLC and against Defendants Heather R. Hider and Benjamin K. Hider on Defendants' Counterclaim as follows:

         1. on Count I based on the statute of limitations and failure to state a claim upon which relief can be granted. MR. Civ. P. 12(b)(6).

         2. on Count II based on the statute of limitations and failure to state a claim upon which relief can be granted. M.R.Civ.P. 12(b)(6).

         3. on Count III based on failure to state a claim upon which relief can be granted. M.R, Civ. P. 12(b)(6).

         4. on Count IV based on the statute of limitations and failure to state a claim upon which relief can be granted. M.R. Civ. P. 9(b); 12(b)(6).

         5. on Count V based on failure to state a claim upon which relief can be granted. M.R. Civ. P. 12(b)(6).

         6. on Count VI based on failure to state a claim upon which relief can be granted. M.R. Civ. P. 12(b)(6).

         7. on Count VII based on failure to state a claim upon which relief can be granted. M.R. Civ. P. 12(b)(6).

         8. on Count VIII based on the statute of limitations and failure to state a claim upon which relief can be granted. M.R.Civ.P. 12(b)(6).

         9. on Count IX based on the statute of limitations and failure to state a claim upon which relief can ...


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