15-973 

Donchatz v. HSBC Bank USA, N.A.

UNITED STATES COURT OF APPEALS 

FOR THE SECOND CIRCUIT

SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY 

ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF 

APPELLATE PROCEDURE 32.1 AND THIS COURT=S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER 

IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN 

ELECTRONIC DATABASE (WITH THE NOTATION ASUMMARY ORDER@). A PARTY CITING TO A SUMMARY 

ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. 

 At a stated term of the United States Court of Appeals for the Second Circuit, 

held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of 

New York, on the 13th day of May, two thousand sixteen. 

PRESENT: 

ROSEMARY S. POOLER,

DEBRA ANN LIVINGSTON, 

SUSAN L. CARNEY,

Circuit Judges. 

_____________________________________ 

Kenneth R. Donchatz, 

Plaintiff-Appellant, 

v. 15-973 

HSBC Bank USA, N.A., et al., 

Defendants-Appellees,

Intervale Mortgage Corporation, 

 Defendants.* 

_____________________________________ 

FOR PLAINTIFF-APPELLANT: Kenneth R. Donchatz, pro se, Westerville, OH 

 

* The Clerk of Court is respectfully directed to amend the official caption in this case to conform 

with the caption above. 
FOR DEFENDANTS-APPELLEES HSBC Bank USA, 

N.A., HSBC Mortgage Services Inc., Mortgage Electronic 

Registration Systems, Inc., Merscorp Holdings, Inc., 

and Ribbeck: Preston Lee Zarlock, Anna 

Mercado Clark, John Ayres 

Mosychuk, Phillips Lytle 

LLP, Buffalo, NY 

FOR DEFENDANTS-APPELLEES Miles and Lewis: Stephen D. Miles and Vincent 

A. Lewis, Esq., pro se, Dayton, 

OH 

FOR DEFENDANTS-APPELLEES Gormley and Wiery: Christopher J. Belter and Daniel B. 

Moar, Goldberg Segalla LLP, 

Buffalo, NY 

Appeal from a judgment of the United States District Court for the Western District of New 

York (Curtin, J.). 

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND 

DECREED that the judgment of the district court is AFFIRMED. 

Appellant Kenneth R. Donchatz, an attorney proceeding pro se, appeals the district court’s 

dismissal of his complaint, which alleged violations of the Fair Debt Collection Practices Act, the 

Fair Credit Reporting Act, and New York law. We assume the parties’ familiarity with the 

underlying facts, the procedural history of the case, and the issues on appeal. 

 We review de novo a district court’s grant of a motion to dismiss, including its application 

of the relevant statute of limitations, construing the complaint liberally, accepting its factual 

allegations as true, and drawing all reasonable inferences in the plaintiff’s favor. See Deutsche 

Bank Nat’l Trust Co. v. Quicken Loans Inc., 810 F.3d 861, 865 (2d Cir. 2015); Chambers v. Time 

Warner, Inc., 282 F.3d 147, 152 (2d Cir. 2002). 

 After an independent review of the record and relevant case law, we affirm for 

substantially the same reasons articulated by the district court in its well-reasoned order. We have 
3 

considered all of Donchatz’s arguments and find them to be without merit. Accordingly, we 

AFFIRM the judgment of the district court. 

FOR THE COURT: 

Catherine O’Hagan Wolfe, Clerk