Khan v. Bank of New York Mellon

ORDER DENYING DEFENDANT’S MOTION TO DISMISS

WILLIAM P. DIMITROULEAS, District Judge.

THIS CAUSE is before the Court upon Defendant The Bank of New York Mellon fka The Bank of New York, As Trastee for the Certificateholders CWABS, Inc., Asset-Backed Certificates, Series 2005-IM2 (“Defendant” or “BoNY”)’s Motion to Dismiss [DE 6], filed herein on February 21, 2012. The Court has carefully considered the Motion, Plaintiffs’ Response in Opposition [DE 7], Defendant’s Reply [DE 8], and is otherwise fully advised in the premises.

I. BACKGROUND

On November 25, 2009, Defendant BoNY filed a pending…