In the United States District Court for the Western District of Tennessee Western Division
Case 2:13-cv-02955-STA-dkv Document 14 Filed 03/07/14 Page 1 of 19 PageID 211 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION VERRINA SHIELDS, Plaintiff, vs. No. 13-2955-STA-dkv HSBC BANK USA, NATIONAL ASSOCIATION; STUART GULLIVER, C.E.O; BANK OF AMERICA; BRIAN MOYNIHAN, C.E.O.; RUBIN LUBLIN, LLC; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; and BILL BECKMAN, C.E.O. Defendants. REPORT AND RECOMMENDATION ON MOTIONS TO DISMISS On December 10, 2013, the plaintiff, Verrina Shields, a resident of Shelby County, Tennessee, proceeding pro se, filed a complaint entitled “RICO COMPLAINT”, (D.E. 1), and paid the case initiation fee. Summonses were issued for all the defendants named in the caption of the complaint.1 Now before the court are the following motions: (1) the December 18, 2013 motion of the defendant Rubin Lublin TN, PLLC2 to dismiss the complaint pursuant to Rule 12(b)(6) of the 1 The summons issued for Stuart Gulliver was returned unexecuted. (D.E. 11.) 2 Rubin Lublin TN, PLLC is incorrectly named in the Complaint as Rubin Lublin, LLC. Case 2:13-cv-02955-STA-dkv Document 14 Filed 03/07/14 Page 2 of 19 PageID 212 Federal Rules of Civil Procedure for failure to state a claim (Lublin Mot. to Dismiss, D.E. 6), and (2) the January 6, 2014 motion of the defendants HSBC Bank USA3 (“HSBC Bank Trustee”), Bank of America, and Mortgage Electronic Registration System, Inc. (“MERS”).4 This case has been referred to the United States Magistrate Judge for management and for all pretrial matters for determination and/or report and recommendation as appropriate.
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