Free Memorandum Opinion - District Court of Delaware - Delaware

Case 1:04-cv-00382-JJF Document 11 Filed 08/22/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
FLORENCE WATSON, Power of :
Attorney for Dorothy Briscoe :
(Deceased), :
Plaintiff, :
v. : Civil Action No. 04-382 JJF
BENEFICIAL DELAWARE, INC., :
Defendant. :
Florence Watson, Pro se Plaintiff.
Robert J. Katzenstein, Esquire and Joelle E. Polesky, Esquire of
SMITH, KATZENSTEIN & FURLOW LLP, Wilmington, Delaware.
Attorneys for Defendant.
MEMORANDUM OPINION
August gigky 2005
Wilmington, Delaware

Case 1:04-cv-00382-JJF Document 11 Filed 08/22/2005 Page 2 014
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Far? , D`st ct Judge. Q
Pending before the Court is a Motion To Dismiss (D.1. 5)
filed by Defendant Beneficial Delaware, Inc. (“Beneficial”). For
the reasons discussed, Defendant's Motion To Dismiss will be
granted.
I. BACKGROUND
On May 14, 1998, Beneficial loaned Plaintiff Florence Watson
$64,000 pursuant to a three-year mortgage and credit line account
agreement. On June 17, 2004, Watson filed a complaint against
Beneficial alleging that the Mortgage and Note “contain usurious
interest rates and unfair trade practices involving predatory
lending practices.” Watson further alleged “non—disclosure of
Plaintiff's right to cancel [the contract]" ... and Federal
violations of numerous consumer rights...” Specifically, Watson
alleges violations of 15 U.S.C. § 1601, 1635, 1638; 12 C.F.R. §
226; Regulation Z; 12 U.S.C. §§ 85, 2601, 2610. Watson seeks
rescission of the Mortgage and Note, as well as damages.

1. PARTIES ’ CONTENTIONS
By its motion, Beneficial contends that the Court should
dismiss Watson’s Complaint as time—barred. Beneficial also
contends that the Complaint should be dismissed because Watson
fails to state a claim upon which relief may be granted. Watson
has failed to respond to Beneficial’s motion, despite the Court's
August 19, 2004 Order (D.1. 7), granting her additional time to
file her Answering Brief (D.I. 7). Therefore, pursuant to the

Case 1:04-cv-00382-JJF Document 11 Filed 08/22/2005 Page 3 014
Court’s Order (D.I. 7), the Court will render its decision on the
papers submitted.
III. DISCUSSION
A motion to dismiss tests the legal sufficiency of the
complaint. Conley v. Gibson,T 55 U.S. 41, 45-56 (1957). In
reviewing a motion to dismiss£;ursuant to Rule 12(b)(6), courts
"must accept as true the factual allegations in the [clomplaint
and all reasonable inferences that can be drawn therefrom."
Langford v. Atlantic City, 235 F.3d 845, 847 (3d Cir. 2000). A
court will grant a motion to dismiss only when it appears that a
plaintiff can prove no set of facts that would entitle him or her
to relief. IQ; M
Failure to comply with the statute of limitations will
justify granting a motion to dismiss "where the claim is facially
non-compliant with the limitations period and the affirmative
defense [of failure to comply with the statute of limitations]
clearly appears on the face of the pleading." Qge Oshiver v.
Levin, Fishbein, Sedran, & Berman, 38 F.3d 1380, 1385 n.1 (3d
Cir. 1994) (citing Trevino v. Union Pacific R.R. Co., 916 F.2d
1230 (7th Cir. 1990)).
Reviewing the Complaint in light of these standards, the
Court concludes that Watson's claims are barred by the statute of
limitations. The statutes rwiied upon by Watson to support her
allegations require a plaintiff to file a complaint within three
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Case 1:04-cv-00382-JJF Documvt 11 Filed 08/22/2005 Page 4 014
(3) years of the alleged occurrence. gee 15 U.S.C. §§ 1640(e),
l635(f}; 12 c.F.R. 5 226.23; l2 U.s.c. § 5 86, 2614. In this
case, the facts alleged occurred more than six (6) years before
Watson filed her Complaint. Further, Watson has not asserted any
facts that would justify tolling of the limitations period.
Accordingly, the Court will grant Beneficial’s Motion To Dismiss
(D.1. 5).
Iv. CONCLUSION
For the reasons discussed, the Court will grant Beneficial’s
Motion To Dismiss (D.I. 5). An appropriate order will be
entered.
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