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Felder v. Buonassissi, Henning & Lash, PC

United States District Court, D. Maryland

May 6, 2014

HAROLD E. FELDER, et al, Plaintiffs,
v.
BUONASSISSI, HENNING & LASH, PC et al., Defendants.

MEMORANDUM OPINION

PETER J. MESSITTE, District Judge.

Plaintiffs Harold and Cherry Felder, pro se, have filed a Second Amended Complaint following the Court's October 4, 2013 Memorandum Opinion directing them to seriously re-think the claims they attempted to assert in their first Amended Complaint Defendants have filed several Motions to Dismiss or to Strike the Second Amended Complaint: Specialized Loan Servicing, LLC's ("SLS") Motion to Dismiss the Second Amended Complaint (Paper No. 28); Wells Fargo, MERS, Federal Home Loan Mortgage Corporation and Federal National Mortgage Corporation's ("Wells Fargo Defendants") Motion to Strike Plaintiffs' Second Amended Complaint, or, Alternatively, to Dismiss Plaintiffs' Second Amended Complaint (Paper No, 31), Howard Bierman, Jacob Geesing, Carrie M, Ward, and Bierman, Geesing & Ward LLC's ("BWW Defendants") Motion to Strike Plaintiffs' Second Amended Complaint, or in the Alternative Motion to Dismiss (Paper No 38); Jeffrey Nadel's Motion to Quash Service of Plaintiffs' Second Amended Complaint and Motion to Dismiss (Paper No. 41); and Ocwen Loan Servicing, LLC's Motion to Strike Plaintiffs' Second Amended Complaint, Or, Alternatively, Motion to Dismiss Plaintiffs' Second Amended Complaint (Paper No, 43).

For the reasons that follow, the Court GRANTS the Motions to Dismiss, and DISMISSES the Complaint as to all Defendants. The case will be CLOSED.

I.

The Second Amended Complaint is nearly identical to the First Amended Complaint. Where the First Amended Complaint was "incoherent and devoid of material factual allegations, " Felder v. Buonassissi, Henning & Lash, PC, CIV. PJM 13-1741, 2013 WL 5550947 (D. Md. Oct. 4, 2013), Paper No. 25 ("Oct. 4, 2013 Memorandum Opinion"), the Second Amended Complaint contains even fewer factual allegations. The Felders have completely disregarded the Court's ruling that they needed to re-think their claims.

Once again, the Court seeks to cut through the thicket of the Felders' purported claims.

The case arises from foreclosure proceedings relating to four Felder properties located in Prince George's County, Maryland:

• 5502 Parkers Endeavor Drive, Bowie, Maryland 20720 ("Parkers Property")
• 2406 Nicol Circle, Bowie, Maryland 20721 ("Nicol Property")
• 10605 Blackstone Avenue, Cheltenham, Maryland 20623 ("Blackstone Property")
• 17119 Aspen Leaf Drive, Bowie, Maryland 20716 ("Aspen Property")

See 2d Am. Comp!. p. 6.

A more detailed summary of the facts surrounding the case, gleaned from Defendants' Motions to Dismiss the First Amended Complaint, can be found in the Oct. 4, 2013 Memorandum Opinion. Although the only facts in this Second Amended Complaint reference foreclosure, the Felders continue to allege civil rights violations, criminal violations, and various intentional torts. For the ...


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