Bello v. Washington Mutual Bank, FSA et al

Filing 21

ORDER denying as moot 7 Motion for Extension of Time to Answer ; granting 8 Motion to Dismiss Case; granting 19 Motion for summary ruling. Although four defendants, Pacific Gold Mortgage Group, LLC, Credit Suisse International, Washington Mutu al Bank, and Long Beach Mortgage Company do not expressly join the motion to dismiss, we dismiss the complaint against these defendants as well, based on plaintiff's failure to prosecute this case. See Fed. R. Civ. P. 41(b). The clerk shall enter final judgment in favor of all defendants. Signed by Judge Frederick J Martone on 6/10/09.(DMT, )

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NOT FOR PUBLICATION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Cibney R. Bello, Plaintiff, vs. Washington Mutual Bank, et al., Defendants.

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No. CV-09-0488-PHX-FJM ORDER

The court has before it defendants Long Beach Securities Corporation, Long Beach Mortgage Loan Trust 2006-6, Deutsche Bank National Trust Company, WaMu Capital Corporation, and California Reconveyance Company (the "Long Beach Defendants") motion to dismiss (doc. 8). Plaintiff did not respond to the motion. The Long Beach Defendants then filed a motion for summary ruling (doc. 19). Again, plaintiff did not respond. Under LRCiv 7.2(i), if a party "does not serve and file the required answering memoranda . . . such non-compliance may be deemed a consent to the denial or granting of the motion and the Court may dispose of the motion summarily." We also construe plaintiffs' failure to respond to the motions as a failure to prosecute this action under Rule 41(b), Fed. R. Civ. P. Therefore, pursuant to Rule 41(b) and LRCiv 7.2(i), IT IS ORDERED GRANTING defendants' motion to dismiss (doc. 8), GRANTING defendants' motion for summary ruling

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(doc. 19), and DENYING defendants' motion for extension of time to file an answer as moot (doc. 7). Although four defendants, Pacific Gold Mortgage Group, LLC, Credit Suisse International, Washington Mutual Bank, and Long Beach Mortgage Company do not expressly join the motion to dismiss, we dismiss the complaint against these defendants as well, based on plaintiff's failure to prosecute this case. See Fed. R. Civ. P. 41(b). The clerk shall enter final judgment in favor of all defendants. DATED this 10th day of June, 2009.

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