United States District Court, E.D. New York
MEMORANDUM & ORDER
NICHOLAS G. GARAUFIS, United States District Judge.
Bola Obanya brings this action prose against
Defendants Select Portfolio Servicing, Inc.
("SPS"), and MERSCORP Holdings Inc., alleging
violations of the Fair Debt Collection Practices Act
("FDCPA"), 15 U.S.C. §§ 1692-1692p, New
York Executive Law § 63(12), and New York Real Property
Law ("NYRPL") Article 9, in connection with
Plaintiffs mortgage. (See 2d Am. Compl. (Dkt. 23).)
Plaintiff also seeks to quiet title on the property.
(See Id. at 9-10.) Before the court is an
August 23, 2016, Report & Recommendation
("R&R") from Magistrate Judge Lois Bloom
recommending that this action be dismissed with prejudice.
(R&R (Dkt. 35).) Plaintiff filed timely objections. (See
Pl.'s Obj. (Dkt. 36).) For the reasons stated below,
Plaintiffs objections are OVERRULED, Judge Bloom's
R&R is ADOPTED IN FULL, and Plaintiffs claims are
DISMISSED WITH PREJUDICE.
initiated this action on September 8, 2014. (Compl. (Dkt.
1).) Defendants moved to dismiss. (Mot. to Dismiss (Dkt.
11).) The court referred Defendants' motion to Judge
Bloom for an R&R (the "Initial R&R")
pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of
Civil Procedure 72(b)(1). (Order Referring Mot. (Dkt. 18).)
Judge Bloom's Initial R&R identified various defects
in the Complaint. (Aug. 28, 2015, R&R (Dkt. 19).)
Plaintiff filed objections, which the court construed as
"an attempt to amend the Complaint." (Sept. 30,
2015, Order (Dkt. 22) at 3.) The court adopted Judge
Bloom's recommendation to dismiss the Complaint without
prejudice, and to allow Plaintiff an opportunity to formally
amend her pleadings. (Id.)
filed the Second Amended Complaint on October 26, 2015. (2d
Am. Compl.) Defendants once again moved to dismiss all
claims. (See Nov. 9, 2015, Ltr. (Dkt. 24); Nov. 24,
2015, Order ("[Defendants'... letter is deemed to
constitute their motion to dismiss plaintiffs amended
complaint.").) The court once again referred
Defendants' motion to Judge Bloom for an R&R. (Nov.
12, 2015, Order (Dkt. 25).) Plaintiff submitted a letter
opposing dismissal (Pl.'s Resp. (Dkt. 28)), and further
elaborated upon her opposition at a January 21, 2016,
conference (the "Status Conference") before Judge
Bloom (see Status Conf. Tr. (Dkt. 33)).
Judge Bloom's R&R
August 23, 2016, Judge Bloom issued an R&R recommending
dismissal of all claims. (R&R.) Specifically, Judge Bloom
(1) Plaintiffs FDCPA claims should be dismissed because
Plaintiff fails to establish that any Defendant is a
"debt collector" within the meaning of the FDCPA,
and, in any event, fails to properly allege any actionable
FDCPA violation (id. at 5-8);
(2) Plaintiffs New York Executive Law claim should be
dismissed for lack of standing 04 at 8);
(3) Plaintiffs NYRPL claim should be dismissed because it is
foreclosed by clear New York precedent (id at 8-9 (citing
Matter of MERSCORP, Inc. v. Romaine,
(4) Plaintiff lacks standing to seek quiet title or other
declaratory relief (id at 9-10); and
(5) The court should dismiss the Second Amended Complaint
with prejudice because Plaintiff has already been given an
opportunity to amend her pleadings and nonetheless failed to
remedy errors ...