Deutsche Bank National Trust Company v. Ivy Inocencio

U.S. Court of Appeals for the Fourth Circuit

Deutsche Bank National Trust Company v. Ivy Inocencio

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 15-1391

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR CARRINGTON MORTGAGE LOAN TRUST, SERIES 2005-OPT2, ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-OPT 2,

Plaintiff - Appellant,

v.

IVY K. INOCENCIO; MARISSA P. GOMEZ; EQUITY TRUSTEES, LLC; UNITED STATES OF AMERICA,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T. S. Ellis, III, Senior District Judge. (1:15-cv-00015-TSE-MSN)

Submitted: December 29, 2015 Decided: January 7, 2016

Before GREGORY and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

S. Mohsin Reza, Mary C. Zinsner, TROUTMAN SANDERS LLP, Tysons Corner, Virginia, for Appellant. Carolina D. Ciraolo, Acting Assistant Attorney General, Thomas J. Clark, Regina S. Mariarty, DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Deutsche Bank National Trust Co. brought suit in Virginia

state court seeking rescission of a foreclosure sale that took

place approximately four years earlier. The United States

removed the action to district court and moved to dismiss

pursuant to Fed. R. Civ. P. 12(b)(1), (6). The district court

granted the motion to dismiss as to the United States, based on

lack of subject matter jurisdiction. Because there were no

viable remaining claims as against the remaining defendants, the

court also dismissed the action in its entirety. We have

reviewed the parties’ briefs, as well as the record on appeal,

and find no reversible error. Accordingly, we affirm the

district court’s judgment. We dispense with oral argument

because the facts and legal contentions are adequately presented

in the materials before this court and argument would not aid

the decisional process.

AFFIRMED

2

Reference

Status
Unpublished