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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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As with Sykes’s state law claims, the court cannot determine in this context whether tolling the limitations period for Sykes’s federal claims based on Sykes’s alleged mental incompetence is warranted. See In re Comty. Bank of N. Va., 622 F.3d 275, 301-02 (3d Cir.2010) (“[B]ecause the question whether a particular party is eligible for equitable tolling generally requires consideration of evidence beyond the pleadings, such tolling is not generally amenable to resolution on a Rule 12(b)(6) motion.”). Therefore, the court cannot resolve the issue of whether Sykes’s RESPA or TILA claim is time-barred in the context of a futility analysis. 6. Summary of Statutes of Limitations Arguments