Paul et al v. ReconTrust Company et al

Filing 13

ORDER Defendants' 6 Motion to Dismiss is granted. Defendants' 12 Motion to Summarily Grant Defendants Motion to Dismiss is granted. The Clerk of Court is directed to terminate this action. Signed by Judge G Murray Snow on 11/16/11.(ESL)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Plaintiffs,
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vs.
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ReconTrust Company; Countrywide Home)
Loans, Inc.; Fidelity National Mortgage)
Company; Federal National Mortgage)
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Association, et al.,
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Defendants.
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Ronald Paul, Jr. and Kristeen Paul,

No. CV-11-1090-PHX-GMS
ORDER

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Pending before the Court are Defendants’ Motion to Dismiss (Doc. 6) and

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Defendants’ Motion to Summarily Grant Defendants’ Motion to Dismiss. (Doc. 12). For the

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reasons discussed below, the motions are granted.

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BACKGROUND

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On May 31, 2011, this action was removed from Maricopa County Superior Court

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because the parties are of diverse citizenship and the amount in controversy exceeds $75,000.

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(Doc. 1). On June 7, 2011, Defendants filed a Motion to Dismiss. (Doc. 6). Plaintiffs’

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Response to the motion was due fourteen days later on June 21, 2011, but was never filed.

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LRCiv 7.2. After this deadline had passed, Plaintiffs filed an emergency motion asking for

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an extension until fourteen days after their Motion for Remand had been decided. (Doc. 10).

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Since Plaintiffs had never filed such a motion, the motion for an extension was denied. (Doc.

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11). On July 25, Defendants filed a Motion to Summarily Grant Defendants’ Motion to

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Dismiss, to which Plaintiffs also have failed to respond. (Doc. 12).

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DISCUSSION
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Legal Standard

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The Arizona District Court requires parties to file a responsive memorandum within

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fourteen days after a motion has been filed, unless otherwise ordered by the court. LRCiv

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7.2(d). Failure do to so “may be deemed a consent to the denial or granting of the motion and

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the Court may dispose of the motion summarily.” LRCiv 7.2(i). “Failure to follow a district

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court’s local rules is a proper ground for dismissal.” Ghazali v. Moran, 46 F.3d 52, 53 (9th

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Cir. 1995).

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A case may be properly removed from state court if the district court could have

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exercised original jurisdiction. 28 U.S.C. § 1441(a) (2006). A district court has original

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jurisdiction if the parties are of diverse citizenship and the amount in controversy exceeds

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$75,000. 28 U.S.C. § 1332 (2006).

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ANALYSIS

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Plaintiffs alleged in their emergency motion that removal was improper and that this

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court therefore has “no jurisdiction over the Motion to Dismiss.” (Doc. 10). They did not,

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however, file a motion to remand or make any other argument explaining why jurisdiction

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is improper. In their original state court complaint, Plaintiffs stated that they are citizens of

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Arizona, that Countrywide, Recontrust, and Fidelity are California corporations, and that

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Federal National Mortgage Association (“FNMA”) is a government-secured entity. (Doc. 1,

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Ex. A ¶¶ 1–6). They name numerous John Does, Black Corporations, and Black Partnerships,

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but have never identified such parties, served them, or argued that they are Arizona citizens

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and therefore eliminate complete diversity of citizenship. In it, they further stated that the

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foreclosure sale that they sought to have voided yielded $119,738.24, thereby asserting an

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amount in controversy in excess of $75,000. (Doc. 1, Ex. A ¶ 30).Removal was therefore

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proper and the Court has jurisdiction to rule on Defendants’ motions.

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Plaintiffs filed no response to Defendants’ Motion to Dismiss. Although they filed a

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motion for an extension asking the Court to allow them to file their response fourteen days
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after their purported remand motion was resolved, they in fact never filed a remand motion.

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They did not file a response to Defendants’ July 25, 2011 motion asking the Court to

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summarily grant their original motion to dismiss based on Plaintiffs’ lack of responsiveness.

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Plaintiffs have failed to adhere to the local rules, and “such non-compliance may be deemed

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a consent to the denial or granting of the motion and the Court may dispose of the motion

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summarily.” LRCiv 7.2(i). It is therefore proper to dismiss this action with prejudice. See

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Ghazali, 46 F.3d at 53.

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CONCLUSION
Plaintiffs have failed to file a response to a motion to dismiss filed over five months
ago. This action is therefore dismissed with prejudice.

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IT IS THEREFORE ORDERED:

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1.

Defendants’ Motion to Dismiss (Doc. 6) is granted.

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2.

Defendants’ Motion to Summarily Grant Defendants’ Motion to Dismiss (Doc.

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12) is granted.

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3.

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DATED this 16th day of November, 2011.

The Clerk of Court is directed to terminate this action.

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