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Allen v. Litton Loan Servicing

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
Aug 29, 2016
No. 15-13591 (E.D. Mich. Aug. 29, 2016)

Opinion

No. 15-13591

08-29-2016

ROGER L. ALLEN, Plaintiff, v. LITTON LOAN SERVICING and OCWEN LOAN SERVICING, Defendants.


District Judge Paul D. Borman

ORDER

This civil action was removed from the Wayne County Circuit Court on October 13, 2013. Plaintiff's pro se complaint alleges violations of the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and Michigan's foreclosure by advertisement statute. On October 20, 2015, Defendant Ocwen Loan Servicing filed a motion to dismiss [Doc. #3]. Before the Court are Plaintiff's two motions to strike the motion to dismiss [Doc. #4 and Doc. #8].

Plaintiff moves to strike the motion to dismiss under Fed.R.Civ.P. 12(f), which provides that "the court may strike from a pleading an insufficient defense...." However, a motion to strike is not a "pleading." See Fed.R.Civ.P. 7(a); Giles v. Hartford Life and Accident Ins. Co., 2009 WL 3246833 (E.D. Tenn. 2009)("[T]he court notes that it cannot 'strike' a dispositive motion....A motion is not a pleading")(citing Rule 7(a)).

Therefore, Plaintiff's motions to strike [Doc. #4 and Doc. #8] are DENIED. However, in deference to Plaintiff's pro se status, I will consider the contents of the motions when reviewing the Defendant's motion to dismiss.

Plaintiff titles Doc. #8 a "Answer and Motion to Strike."

IT IS SO ORDERED.

s/R. Steven Whalen

R. STEVEN WHALEN

UNITED STATES MAGISTRATE JUDGE Dated: August 29, 2016

CERTIFICATE OF SERVICE

I hereby certify on August 29, 2016 that I electronically filed the foregoing paper with the Clerk of the Court sending notification of such filing to all counsel registered electronically. I hereby certify that a copy of this paper was mailed to the following non-registered ECF participants August 29, 2016.

s/Carolyn M. Ciesla

Case Manager for the

Honorable R. Steven Whalen Date: August 29, 2016


Summaries of

Allen v. Litton Loan Servicing

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
Aug 29, 2016
No. 15-13591 (E.D. Mich. Aug. 29, 2016)
Case details for

Allen v. Litton Loan Servicing

Case Details

Full title:ROGER L. ALLEN, Plaintiff, v. LITTON LOAN SERVICING and OCWEN LOAN…

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Date published: Aug 29, 2016

Citations

No. 15-13591 (E.D. Mich. Aug. 29, 2016)