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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Sykes v. RBS Citizens, N.A., 2 F. Supp. 3d 128 (2014)

Citation
Sykes v. RBS Citizens, N.A., 2 F. Supp. 3d 128 (2014)
Parent Document
Sykes v. RBS Citizens, N.A., 2 F. Supp. 3d 128 (2014)
Jurisdiction
New Hampshire (state)
Effective Date
2014-03-04

Other Sections in This Document (127)

Full Text

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The mortgage defendants did not address Sykes’s allegations of mental incompetence. It is not clear from Sykes’s description of his mental state whether he meets the definition of “mentally incompetent person” under RSA 508:8. The court cannot determine, for purposes of a futility analysis, whether the limitations periods applicable to Sykes’s state law claims should be tolled because of his mental condition. Cf. Patrisso v. Sch. Admin. Unit No. 59, 2010 WL 56023, at *2 (D.N.H. Jan. 5, 2010) (“Although a statute of limitations issue may sometimes be resolved through a Rule 12(b)(6) motion, a court can grant a motion to dismiss on limitations grounds only when the pleader’s allegations leave no doubt that an asserted claim is time-barred.”) (internal quotation marks and citations omitted); see also Centro Medico del Turabo, Inc. v. Feliciano de Melecio, 406 F.3d 1, 6 (1st Cir.2005). Accordingly, the court cannot resolve the issue of whether Sykes’s state law claims against the mortgage defendants are time-barred in the context of a futility analysis. ii. Federal claims