United States v. Vernon

ORDER DENYING MOTION TO DISMISS

SCOTT, District Judge.

THIS CAUSE came before the Court upon Defendants’ Motion to Dismiss the Complaint. As a basis for this motion, Defendants argue that the Complaint is defective because Plaintiff has failed to attach all relevant portions of the mortgage which it is forclosing on. Defendants’ position is completely unsupported by either statutory or case authority.

A reading of the plain language of Fed.R.Civ.P. 10(c) indicates that written instruments are not required to be attached to a party’s pleading. Moreover, case law similarly concludes that “the…