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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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 Gordon Joksimovich, 9 Plaintiff, 10 vs. 11 Wells Fargo Bank, 12 Defendant. 13 ) ) ) ) ) ) ) ) ) ) No. CV 12-0809-PHX-FJM ORDER 14 Before the court is defendant Wells Fargo Bank’s motion to dismiss for failure to state 15 a claim (doc. 4). Plaintiff did not respond to the motion and the time for doing so has long 16 since expired. We also have before us defendant’s motion for summary disposition (doc. 5) 17 based on plaintiff’s failure to respond. 18 Plaintiff’s failure to respond to the motion to dismiss may be deemed a consent to the 19 granting of the motion and we may dispose of the motion summarily. LRCiv 7.2(i). We 20 agree with defendant that plaintiff has failed to state a cognizable claim for relief. 21 Therefore, IT IS ORDERED GRANTING defendant’s motion to dismiss (doc. 4), 22 and GRANTING defendant’s motion for summary disposition (doc. 5). Because no 23 amendment could cure plaintiff’s defective claim, IT IS ORDERED that the clerk shall enter 24 final judgment. 25 26 27 28 DATED this 30th day of May, 2012.

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