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Curley v. JPMorgan Chase Bank N.A

United States District Court, W.D. Louisiana, Lafayette Division

November 25, 2014

SANDRA CURLEY, ET AL
v.
JPMORGAN CHASE BANK N.A

REPORT AND RECOMMENDATION

C. MICHAEL HILL, Magistrate Judge.

Pending before the undersigned for report and recommendation is the Defendant, JPMorgan Chase Bank, N.A.'s ("Chase") Rule 12(b)(6) Motion to Dismiss Plaintiffs' Complaint filed on September 22, 2014 [rec. doc. 3]. Plaintiffs, Sandra Curley and Mark Curley (the "Curleys"), proceeding pro se, filed opposition on October 8, 2014. [rec. doc. 10]. Oral argument was scheduled for November 19, 2014.

For the following reasons, I recommend that the motion be GRANTED.

Background

On July 21, 2005, the Curleys filed an action for damages in this Court after they were denied business loan applications for their wholesale book company by Bank One in 2002, 2003, and 2004.[1] Sandra Curley, et al v. Bank One, Docket No. 05-1304 (TLM-CMH). By Judgment entered on May 7, 2007, Judge Melançon dismissed plaintiffs' claims with prejudice. [rec. doc. 59].

Plaintiffs appealed this ruling to the U.S. Court of Appeals for the Fifth Circuit. By Judgment issued as mandate on February 25, 2008, the Fifth Circuit affirmed the district court's ruling. Curley v. JPMorgan Chase Bank, NA, 261 F.Appx. 781 (5th Cir. 2008).

On September 3, 2014, the Curleys filed the instant action asserting the same claims as in the prior suit against Bank One. Specifically, plaintiffs assert claims under the Fair Housing Act, "Title VIII, (42 C.F.R. § 100.125)"; the Equal Credit Opportunity Act, 15 U.S.C. § 1691, and the Equal Protection Clause of the United States Constitution.

On September 3, 2014, Chase filed the instant motion to dismiss on the grounds that plaintiffs have failed to state a claim against it.

Standard for Motion to Dismiss

When deciding a Rule 12(b)(6) motion to dismiss, "[t]he court accepts all well-pleaded facts as true, viewing them in the light most favorable to the plaintiff.'" In re Katrina Canal Breaches Litig., 495 F.3d 191, 205 (5th Cir.2007) (internal quotations omitted) ( quoting Martin K. Eby Constr. Co. v. Dallas Area Rapid Transit, 369 F.3d 464, 467 (5th Cir. 2004)). "To survive a Rule 12(b)(6) motion to dismiss, the plaintiff must plead enough facts to state a claim to relief that is plausible on its face.'" In re Katrina Breaches Litig., 495 F.3d at 205 ( quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 1974, 167 L.Ed.2d 929 (2007)). "Factual allegations must be enough to raise a right to relief above the speculative level[.]" Id. ( quoting Twombly, 550 U.S. at 555, 127 S.Ct. at 1965).

"While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiff's obligation to provide the grounds of his entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do[.]" Twombly, 550 U.S. at 555, 127 S.Ct. 1964-65 (citations, quotation marks, and brackets omitted) (emphasis added). The tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions. Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) ( citing Twombly, 550 U.S. at 555, 127 S.Ct. 1955). Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice. Id.

Analysis

Chase asserts that the Curleys' claims under the Equal Credit Opportunity Act ("ECOA"), Fair Housing Act ("FHA"), and the Equal Protection Clause have prescribed. Chase further argues that, even if these claims have not prescribed, the Curleys ...


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