Joksimovich v. Wells Fargo Bank NA et al

Filing 6

ORDER granting 4 defendant's Motion to Dismiss for Failure to State a Claim; granting 5 defendant's Motion for summary disposition. Because no amendment could cure plaintiff's defective claim, the clerk shall enter final judgment. Signed by Judge Frederick J Martone on 5/30/12.(DMT)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Gordon Joksimovich,
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Plaintiff,
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vs.
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Wells Fargo Bank,
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Defendant.
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No. CV 12-0809-PHX-FJM
ORDER

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Before the court is defendant Wells Fargo Bank’s motion to dismiss for failure to state

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a claim (doc. 4). Plaintiff did not respond to the motion and the time for doing so has long

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since expired. We also have before us defendant’s motion for summary disposition (doc. 5)

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based on plaintiff’s failure to respond.

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Plaintiff’s failure to respond to the motion to dismiss may be deemed a consent to the

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granting of the motion and we may dispose of the motion summarily. LRCiv 7.2(i). We

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agree with defendant that plaintiff has failed to state a cognizable claim for relief.

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Therefore, IT IS ORDERED GRANTING defendant’s motion to dismiss (doc. 4),

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and GRANTING defendant’s motion for summary disposition (doc. 5). Because no

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amendment could cure plaintiff’s defective claim, IT IS ORDERED that the clerk shall enter

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final judgment.

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DATED this 30th day of May, 2012.