3Electronic Registration Systems, Inc. and HSBC Mortgage Corporation (USA) to cancela second mortgage. [Doc. 1, C
. A.] Fidelity Land voluntarily dismissed theadditional defendants on September 6, 2012, and filed a verified first amended complainton September 6, 2012, dropping its challenge to the second mortgage. [
]Fidelity Land served Nationstar with the amended complaint and summons onSeptember 20, 2012. Nationstar timely removed this action to this Court based ondiversity jurisdiction on October 10, 2012. [Doc. 1.]
A. Legal Standard.
"To survive a motion to dismiss, a complaint must contain sufficient factualmatter, accepted as true, to state a claim to relief that is plausible on its face."
Lord Abbett Mun. Income Fund, Inc. v. Tyson
, 671 F.3d 1203, 1207 (11th Cir. 2012) (quoting
Ashcroft v. Iqbal
, 556 U.S. 662, 678 (2009)). "Plausibility is the key, as the well-pledallegations must nudge the claim across the line from conceivable to plausible. And tonudge the claim across the line, the complaint must contain more than labels andconclusions, and a formulaic recitation of the elements of a cause of action will not do . . .Threadbare recitals of the elements of a cause of action, supported by mere conclusorystatements, do not suffice."
Jacobs v. Tempur-Pedic Int'l Inc.
, 626 F.3d 1327, 1332 (11thCir. 2010) (internal citations and quotation marks omitted).On a motion to dismiss, "courts must consider the complaint in its entirety, aswell as other sources courts ordinarily examine when ruling on Rule 12(b)(6) motions todismiss, in particular, documents incorporated into the complaint by reference, and
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