Joksimovich v. Wells Fargo Bank NA et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Wells Fargo Bank,
No. CV 12-0809-PHX-FJM
Before the court is defendant Wells Fargo Bank’s motion to dismiss for failure to state
a claim (doc. 4). Plaintiff did not respond to the motion and the time for doing so has long
since expired. We also have before us defendant’s motion for summary disposition (doc. 5)
based on plaintiff’s failure to respond.
Plaintiff’s failure to respond to the motion to dismiss may be deemed a consent to the
granting of the motion and we may dispose of the motion summarily. LRCiv 7.2(i). We
agree with defendant that plaintiff has failed to state a cognizable claim for relief.
Therefore, IT IS ORDERED GRANTING defendant’s motion to dismiss (doc. 4),
and GRANTING defendant’s motion for summary disposition (doc. 5). Because no
amendment could cure plaintiff’s defective claim, IT IS ORDERED that the clerk shall enter
DATED this 30th day of May, 2012.
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